Facts
[K.] has taken out compulsory health insurance with Visana. Visana initiated debt collection proceedings against [K.] for outstanding premiums and costs. The Administrative Court of the Canton of Bern granted the writ of enforcement only to the extent of the previously dunned claims. Visana filed an administrative court appeal with the request to set aside the lower court's decision.
The Federal Court must examine whether the ordinance provision, which prescribes a dunning of due premiums and cost contributions prior to initiating enforcement proceedings, is in conformity with the Constitution and the law.
Considerations
The Federal Court concludes that the ordinance provision, which prescribes a dunning of due premiums and cost contributions prior to initiating enforcement proceedings, is in conformity with the Constitution and the law.
The provision serves to ensure the payment of premiums, which are essential for the financing of health insurance. Without the dunning obligation, the insurer would be free to decide whether or not to collect due claims, which would be contrary to the principle of…