Decision of the Federal Court on the admission restriction of service providers in the mandatory health insurance

Facts

The Federal Court dismissed a constitutional appeal against a cantonal ordinance implementing the federal law admission restriction of service providers in the mandatory health insurance. In 2000, the Swiss Federal Assembly had decided to amend the Federal Health Insurance Act (KVG), which gave the Federal Council the possibility to make the admission of service providers to the mandatory health insurance dependent on the need for a limited period of up to three years (Art. 55a KVG). The Federal Council then issued a corresponding ordinance in 2002, which delegated the concrete implementation to the cantons. The Canton of Zurich subsequently introduced a moratorium on the admission of physicians. The Association of Swiss Assistant and Senior Physicians, Zurich Section, as well as an individual physician, filed a constitutional appeal against this cantonal ordinance. They argued that it violated the Agreement on the Free Movement of Persons with the EU, economic freedom, and the principle of good faith.

Considerations

The Federal Court dismissed the appeal: - The admission restriction neither violates the Agreement on the Free Movement of Persons nor economic freedom. It is covered by Art. 55a KVG and constitutes a permissible, socio-politically motivated measure to contain costs in the healthcare system. The…