Refusal to cover the costs of permanent hair removal by electrolysis

Facts

A., born B., is insured with Assura-Basis SA for compulsory health insurance. In the context of gender dysphoria, she requested her health insurance to cover the costs of hormone therapy, gender reassignment surgery, and post-operative hair removal. Assura-Basis SA refused to cover the costs of permanent hair removal by electrolysis, on the grounds that the person who performed this service, E., was not an authorized healthcare provider eligible for reimbursement under the compulsory health insurance.

The cantonal court, seized by the insured's appeal, partially upheld the appeal by ordering the coverage of the costs of the gender reassignment surgery, but confirmed the refusal for permanent hair removal by electrolysis.

The insured then filed a public law appeal and a subsidiary constitutional appeal with the Federal Tribunal, requesting the coverage of the costs of hair removal by electrolysis.

Considerations

The Federal Tribunal dismissed the appeal. It considered that professionals practicing electrical hair removal (electrologists), whether or not they also provide other body care services, are not included in the exhaustive list of healthcare providers authorized to practice at the expense of the compulsory health insurance under Art. 46 para. 1 of the Health Insurance Ordinance (OAMal). Their services are therefore not covered by the compulsory health insurance.

The Federal Tribunal also rejected the insured's…