Facts
The applicant, holder of a diploma as a medical masseur obtained after a two-year training, requested the Federal Social Insurance Office (OFAS) to be recognized as a medical auxiliary person eligible for health insurance coverage. OFAS rejected his request on the grounds that the training of a medical masseur did not meet the minimum training requirements of three years provided for in Ordinance VI on Health Insurance for masseurs, physiotherapists and medical gymnasts. The applicant appealed against this decision to the Federal Department of the Interior (DFI), which also rejected his appeal.Considerations
The Federal Insurance Court examines the compliance of Art. 2 of Ordinance VI with the law and the Constitution. It considers that this provision, which subjects masseurs to the same training requirements as physiotherapists, is in accordance with the law and the Constitution. Indeed, the Federal Council, in issuing this ordinance on the basis of Art. 21 para. 6 HIA, acted within the limits of the competence delegated to it by the legislator. The regulation provided for in Art. 2 of Ordinance VI, which aims to ensure a uniform…