Dispute over the Refusal of a Payment Point Register Number (ZSR-Nr.) by the Industry Association santésuisse

Facts

This judgment concerns a dispute between X. GmbH, a home care organization, and the industry association santésuisse (formerly the Concordat of Swiss Health Insurers) as well as the Arbitration Tribunal for Social Insurance Disputes of the Canton of Zurich. The dispute relates to the refusal of a Payment Point Register Number (ZSR-Nr.) by santésuisse towards X. GmbH.

The Federal Court had to clarify whether the cantonal arbitration tribunal is competent for this dispute according to Art. 89 para. 1 of the Federal Health Insurance Act (KVG) or whether it is a purely civil law matter.

Considerations

The Federal Court concluded that the granting or refusal of a ZSR-Nr. by santésuisse does indeed have normative effects that concern the special position of X. GmbH as a service provider vis-à-vis the insurers and its specific activities within the framework of the KVG. Therefore, the dispute falls within the jurisdiction of the cantonal arbitration tribunal according to Art. 89 para. 1 KVG.

Although the establishment of the payment point register and the authority of santésuisse to issue a ZSR-Nr. are based on a contractual agreement between the association of…