Facts
A., born in 1962, received supplementary benefits to the disability insurance pension from the Compensation Office of the Canton of Bern. The Compensation Office directly paid the annual lump-sum amounts for the mandatory health insurance to the responsible health insurer, Visana AG. After a retroactive pension payment by Previs Vorsorge, the Compensation Office obligated A. to reimburse the unjustly received supplementary benefits, with these claims being offset against the retroactive payment. Visana reimbursed the lump-sum amounts paid to it in 2015 and 2016 and invoiced the insured person accordingly.
Considerations
The Federal Supreme Court concluded that Visana is to be qualified as a mere collection or payment office for receiving the annual lump-sum amounts. Consequently, it has no reimbursement obligation as a third party or authority in this regard. The Compensation Office should have asserted the claim for reimbursement against the insured person or the pension fund making the retroactive payment, which it can no longer…