Facts
[A.] is compulsorily health insured with Atupri Health Insurance. The Social Insurance Institution of the Canton of Aargau (SVA) included him in the list of defaulting insured persons on 10 January 2022, which it confirmed with a decision on objection of 25 January 2022. [A.] filed a complaint against this decision, which the Insurance Court of the Canton of Aargau upheld and instructed the SVA to remove [A.] from the list as of 10 January 2022. The SVA is now filing a public law appeal with the aim of confirming the decision on objection of 25 January 2022.Considerations
The Federal Supreme Court sets aside the cantonal judgment and confirms the SVA's decision on objection. It considers the interpretation of the cantonal court, according to which the list entry may only be made after service of the payment order, to be arbitrary. According to the wording, the legislative history and the purpose of the relevant provision of § 22 para. 1 of the cantonal law on the Federal Health Insurance Act (KVGG), the time of the SVA's…