Withdrawal of the Permit to Conduct Social Health Insurance for Visana in Eight Cantons

Facts

Following contacts with the Federal Social Insurance Office (BSV) in the early summer of 1998, the Foundation Board of the Visana health insurance fund decided to withdraw from the mandatory health insurance in the eight cantons of Appenzell I.Rh., Appenzell A.Rh., Geneva, Glarus, Graubünden, Jura, Neuchâtel, and Thurgau. The Federal Department of the Interior (EDI) subsequently withdrew Visana's permit to conduct social health insurance in these cantons as of December 31, 1998.

The withdrawal of the permit covered not only the mandatory health insurance, but also the voluntary daily allowance insurance pursuant to Art. 67 et seq. KVG. Visana filed an administrative court appeal against various conditions of the permit withdrawal.

Considerations

The Federal Insurance Court concluded that the withdrawal of the permit was rightly extended to the voluntary daily allowance insurance, as this forms an integral part of the social health insurance pursuant to Art. 1 para. 1 KVG.

However, the court considered the condition that Visana must pay the amount corresponding to the legal reserves pursuant to Art. 78 para. 4 KVV to the Joint Institution KVG for all insured persons affected by the withdrawal of the permit to be in violation of…