Facts
After the entry into force of the Federal Health Insurance Act, the Hospice Général and Concordia, a Swiss health and accident insurance company, concluded a framework contract on the compulsory health care insurance of asylum seekers and temporarily admitted persons who are fully or partially assisted in the canton of Geneva. Concordia terminated this framework contract as of December 31, 2000, inviting the canton of Geneva to distribute these insured persons among the other health insurers active in the canton.
The canton of Geneva decided to distribute the entire group among the thirteen health insurance funds with more than 10,000 insured persons in the canton. The Futura Health and Accident Insurance Fund refused the distribution of the asylum seekers already assigned to the canton and covered by Concordia under the framework contract. The cantonal supervisory body for health insurance then ordered the compulsory affiliation of these asylum seekers to Futura as of January 1, 2001.
Considerations
According to the Federal Supreme Court, the compulsory affiliation procedure under Art. 6 para. 2 of the Health Insurance Act can only concern persons subject to the insurance obligation who have not insured themselves or have not been insured by their legal representative in due time. The law enshrines the free choice of insurer and the obligation of the insurer to accept any candidate for insurance within its area of activity.
In the present case, the asylum seekers remained affiliated with Concordia as long as a change of insurer, in accordance with the procedures provided for by law, had not taken place. Futura's refusal…