Facts
Since January 1, 1995, A. has been affiliated with Assura, a health and accident insurance provider. She benefits from the mandatory health insurance for medical, pharmaceutical and hospital care, with an annual deductible of 600 francs. In 1997, the monthly premium for this insurance was 132 francs. Informed that the premium would be 140 francs per month as of January 1, 1998, A. notified Assura of the termination of her insurance as of December 31, 1997.
The Cantonal Insurance Tribunal of the canton of Valais upheld A.'s appeal and annulled Assura's decision. The latter filed an administrative law appeal against this judgment.
Considerations
The Federal Tribunal considered that the reduction in the premium reduction in insurance with optional deductible, following a regulatory change, does not constitute a premium increase within the meaning of Art. 7 para. 2 of the Federal Health Insurance Act (LAMal). Indeed, the premium for the mandatory insurance remained unchanged, only the reduction granted was reduced.
Although this reduction in the reduction represents an increase in the potential risk of participation in costs, the Federal Tribunal considered that this did not constitute a gap to be filled by…