Inclusion of Foreigners without Residence Permit under the Mandatory Health Insurance Obligation

Facts

The case concerns the question of whether foreigners without a residence permit in Switzerland are subject to mandatory health insurance. Complainant A. appeals against the decision of the Insurance Court of the Canton of Basel-City, according to which he, as a foreigner without a residence permit, is subject to the insurance obligation.

The Federal Supreme Court must decide whether foreigners without a residence permit, but with a domicile in Switzerland, are subject to mandatory health insurance.

Considerations

The Federal Supreme Court states that according to Art. 3 Para. 1 KVG, every person with a domicile in Switzerland is subject to mandatory health insurance, whereby the domicile is defined according to Art. 23 to 26 ZGB. The Federal Council can extend the insurance obligation to persons without a domicile in Switzerland, which it has done with Art. 1 Para. 2 KVV.

However, the Federal Supreme Court states that Art. 1 Para. 2 KVV only…