Facts

On 31 October 2007, Zentrum S. AG in formation filed a claim with the Administrative Court as an arbitration tribunal, requesting that santésuisse be obliged to assign the plaintiff its own payment point register number (ZSR number). The arbitration tribunal upheld the claim. Santésuisse then filed a public law appeal, requesting that the contested decision be overturned and the claim dismissed. The appeal is dismissed.

Considerations

Zentrum S. AG in formation intends to operate a medical practice as a corporation and also employ assistant physicians who do not yet meet the requirements of Art. 36 HIA. The issue is whether the company should be assigned its own ZSR number or whether the individual physicians should each receive their own number.

The ZSR number serves to simplify billing between service providers and insurers, with santésuisse verifying the licensing requirements on behalf of the insurers. According to the law, in addition to self-employed physicians, institutions that provide outpatient nursing care through physicians are also to be considered service providers. Since Zentrum S. AG as a legal entity employs physicians, it is itself to be qualified as a service provider within the meaning of Art.…