Facts
The Federal Supreme Court has upheld the appeal against the decision of the Cantonal Court of Lucerne. The income limit for premium subsidies for children and young adults in education, reduced by the Lucerne Cantonal Government to CHF 54,000 as of January 1, 2017, violates the intent and spirit of federal law, namely Article 65 paragraph 1bis of the Federal Health Insurance Act (KVG).
The Federal Supreme Court has determined that the federal legislator, through Article 65 paragraph 1bis KVG, intended to have not only lower, but also middle-income individuals benefit from premium subsidies for children and young adults in education. However, the income limit of CHF 54,000 set by the Lucerne Cantonal Government undermines this purpose, as only a negligible portion of middle-income individuals can take advantage of the premium subsidies.
Even while respecting the autonomy of the cantons in defining "lower and middle incomes", the implementing provision in § 2a paragraphs 1 and 2 of the Lucerne Cantonal Premium Subsidy Ordinance in the version valid for the year 2017 must therefore be repealed as being in violation of federal law. Additionally, § 2a paragraph 4 of the Ordinance, which…