Decision C-718/2026 of 15 April 2026
29 April 2026
In its decision of 15 April 2026, the Federal Administrative Court declined to enter into the appeal of CSS Kranken-Versicherung AG challenging the provisional tariff point value (Taxpunktwert, TPW) set by the Canton of Schwyz for ambulatory medical services under the new TARDOC tariff structure.
With the introduction of TARDOC and ambulatory flat rates as of 1 January 2026, the Canton of Schwyz's Department of the Interior had set a provisional tariff point value of CHF 0.86, following a request by the Cantonal Medical Association of Schwyz for CHF 0.94 and a counter-request by CSS for no more than CHF 0.82. CSS appealed, seeking a reduction to the previously applicable rate of CHF 0.82. The Federal Administrative Court declined to enter into the appeal, holding that the contested decision was a provisional interim measure that would lapse once a definitive tariff was approved or set under the Federal Health Insurance Act (KVG). CSS had argued that it faced an irremediable disadvantage because the provisional tariff would reduce the medical association's willingness to negotiate and expose CSS to a burdensome recovery process if the definitive tariff proved lower. The Court rejected both arguments: CSS's claims regarding reduced negotiating willingness were unsubstantiated – notably, it had been CSS itself that had declared negotiations failed in December 2025 – and the administrative burden of recovering any overpayments was held to be inherent to any provisional tariff arrangement, not constituting an irremediable disadvantage.
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