Legality of the linear reduction of tariff points in the TARMED tariff structure by the Federal Council

Facts

- Clinic A. billed outpatient treatments to Assura-Basis SA based on the TARMED tariff structure Version 1.08, without considering the 2014 Adjustment Ordinance of the Federal Council. - Assura-Basis SA rejected the invoices as non-compliant with the tariff, as the Federal Council had made a linear reduction of 8.5% in the tariff points for technical services in 13 chapters of the TARMED tariff structure in the 2014 Adjustment Ordinance. - The cantonal arbitration tribunal ordered Assura-Basis SA to pay the claimed amounts to Clinic A. and found that the clinic was entitled to invoice services without considering the 2014 Adjustment Ordinance until the end of 2016. - Assura-Basis SA appealed against this decision.

Considerations

- The Federal Supreme Court examined the legality of the 2014 Adjustment Ordinance of the Federal Council, in particular the linear reduction of tariff points for technical services. - It concluded that the Federal Council was allowed to consider political aspects such as the promotion of general practitioner medicine and the…