Assessment by a Medical Evaluation Centre (MEDAS) - Applicability of Art. 44 GSSLA

Facts

- The Federal Court had to decide whether Art. 44 GSSLA, which provides for the disclosure of the name of the expert to the insured person and their right to object, is also applicable to assessments by a Medical Evaluation Centre (MEDAS). - The IV office had only informed the insured of the MEDAS assessment centre, without disclosing the names of the assessing physicians. The insured filed a complaint against this decision. - The Federal Court concluded that Art. 44 GSSLA is also applicable to assessments by a MEDAS. Knowledge of the names of the experts is indispensable for the insured in order to be able to examine any grounds for recusal. - The Federal Court obliged the IV offices to inform the insured of the names of the assessing physicians as soon as they are known. Any objections from the insured must then be raised with the IV office, which must decide on them in the form of a contestable decision.

Considerations

- According to the interpretation of the Federal Court, Art. 44 GSSLA also covers assessments by institutions such as MEDAS, as the legislator has used the term "expert" in a functional sense. What is decisive is who prepares the expert opinion and is responsible for it, regardless of whether it is a natural person or an institution. - The Federal Court sees the purpose of Art. 44 GSSLA in uniformly shaping the participatory rights of the insured and…