Facts
P. had taken out mandatory health insurance as well as various supplementary insurances with the health insurance fund Hermes. By letter dated September 30, 1997, he terminated his membership effective December 31, 1997. The fund confirmed receipt of the termination, but stated that termination of the mandatory health insurance was only possible if P. paid all outstanding premiums and cost-sharing contributions by that date. Otherwise, the membership would remain in force.
P. denied any premium arrears and insisted on leaving the fund as of December 31, 1997. The fund then initiated debt collection proceedings against him and, in a decision on an objection dated June 5, 1998, upheld the continuation of the insurance relationship until all outstanding premiums and cost-sharing contributions had been paid in full.
The cantonal Insurance Court of Valais overturned the decision on the objection and allowed P. to change health insurers as of December 31, 1997, as no more premiums were owed for the mandatory basic insurance for the year 1998.
Considerations
The Federal Supreme Court states that the law has not delegated the detailed regulation of the enforcement of fund claims to the Federal Council. The regulatory provision of Art. 9 para. 3 KVV, which restricts the right to change insurers established in Art. 7 paras. 1 and 2 KVG, therefore exceeds the framework set for an implementing regulation…