Facts
The city of Schaffhausen and the (former) municipality of Hemmental merged on January 1, 2009. Prior to the merger, Hemmental was assigned to premium region 2. Considering the new political situation, the Federal Office of Public Health (BAG) assigned the locality to premium region 1 (most expensive tariff) as of January 1, 2011 and confirmed this with a declaratory decision dated December 27, 2011. The city of Schaffhausen filed a complaint against this assignment.Considerations
The Federal Supreme Court dismisses the complaint. It states that the insurers are primarily the addressees of the premium regions determined by the BAG. The legislator has not provided for the inclusion of the individual cantons and regions regarding their classification. The competence to determine the premium regions lies exclusively with the BAG. It is only within the framework of the specific premium structure by the insurers that the cantons are (solely) consulted.
Regardless of the question of the (general) nature of the declaratory decisions issued by the BAG regarding the premium regions, the complainant has no role in the regional classification. According to the clear legal concept, only the cantons are authorized…