Facts
The Federal Supreme Court decided on a constitutional appeal against an ordinance provision of the Canton of Thurgau, which excluded seasonal workers and short-term residents with a residence permit of less than 12 months from the premium subsidy for mandatory health insurance.
The appellants, a trade union and three individuals, argued that this exclusion violated federal law. The Federal Supreme Court did not enter into the trade union's appeal and dismissed the appeal of the three individuals.
Considerations
The Federal Supreme Court stated that Art. 65 of the Federal Health Insurance Act (KVG) grants the cantons considerable discretion in the design of the premium subsidy. The exclusion of seasonal workers and short-term residents is therefore not necessarily contrary to federal law.
Although the wording of Art. 65 KVG is unproductive with regard to the question of taking into account the immigration status, one could argue teleologically that the premium subsidy serves the solidarity in favor of less affluent population groups and can therefore be limited to persons who have a closer relationship to Switzerland.
Finally, the practicability of the regulation must also be taken…