Facts
[B.], a cross-border worker engaged in self-employment in Geneva, submitted a request for a reduction of health insurance premiums for insured persons of modest means. The Health Insurance Service of the Canton of Geneva refused to consider the request, on the grounds that [B.] had to first indicate whether he wished to affiliate or remain affiliated with the French social security system by exercising his right of option, or whether he wanted to remain subject to the Swiss Federal Health Insurance Act (LAMal).
[B.] appealed this decision to the Cantonal Social Insurance Court of Geneva, claiming that he was domiciled in Geneva. The court dismissed the appeal, considering that [B.] was domiciled in France, but invited the administration to render a decision on the request for premium reduction.
[B.] then filed an administrative law appeal to the Federal Insurance Court, requesting to be subject to the LAMal due to his domicile in Geneva and to benefit from subsidies for the reduction of his premiums.
Considerations
The Federal Insurance Court first noted that the administrative law appeal was inadmissible for the part concerning the request to pay the same premiums as persons domiciled in the Canton of Geneva, as no decision had been rendered on this matter.
Regarding the issue of compulsory insurance under the LAMal, the Court noted that the problem of B.'s domicile and a possible exemption under Community law did not arise, as [B.] had not made use of his right of option under the AFMP. He was therefore subject to compulsory Swiss insurance, whether his domicile was in…