Federal Supreme Court, Decision 9C_30/2020 of 14 June 2021

15 juillet 2021 – The subject matter of this proceeding before the Federal Supreme Court was the question of whether a renewed exercise of the option right by the insured person pursuant to art. 2 para. 6 of the Ordinance on Health Insurance (KVV) was permissible after the insured person had been granted an unlimited exemption from the Swiss compulsory health insurance scheme in 2015 and subsequently, his alternative insurance coverage ceased to exist. After a thorough examination, the Federal Supreme Court came to the conclusion that the option right is partially irrevocable, i.e. it is revocable if there is a special reason. The loss of health insurance coverage due to the discontinuation of the insurance product without fault of the appellant constituted such a special reason, which allowed a renewed opting in or a return to the option decision. Accordingly, the Federal Supreme Court ruled that the appellant must be granted access to the Swiss compulsory health insurance scheme. The appeal was upheld.

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