5 April 2024 – In its decision of 18 March 2024, the Federal Supreme Court upheld the appeal filed by SWICA Health Insurance SA against the Department of Social Affairs of the City of Winterthur regarding the decision of the Social Security Court of the Canton of Zurich whether a foreign citizen is subject to compulsory health insurance in Switzerland.

The court held that A., who had travelled to Switzerland for a short stay and then had to be hospitalised for an emergency treatment on the day of her planned departure, was not subject to compulsory insurance under Art. 3 para. 1 of the Swiss Federal Law on Health Insurance (Bundesgesetz über die Krankenversicherung, KVG). The court held that A. originally travelled to Switzerland for a short visit and not for medical treatment. The illness and its treatment were the only reasons for her extended stay in Switzerland. Therefore, pursuant to Art. 2 para. 1 lit. b of the Ordinance on Health Insurance (Verordnung über die Krankenversicherung, KVV), A. was not subject to compulsory insurance.

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