Obligation to keep Swiss health insurance when leaving Switzerland

Banks, Insurances & Third Pillar
41

Or even if one you take a plane from/to an Swiss airport or get an unexpected force stopover…
I won’t risk it as I have already heard cousin officier take you aside until you pay your debt.

1 Like
42

Any news?

I’m getting the impression that the failure to resolve this to everyone’s satisfaction so far is due to you - and maybe them - not being sure about the law around it.
(Which is understandable. Usually someone else is considered an expert and we can ask and be happy with the answer.)

This is not a matter of opinion. Not yours, not theirs. There is a law. Someone has to read it up.

Quoting myself here:

So if you want certainty, I see three options:

  • you read up on the law. Not some recommendations of people on the internet, not some overview. The ACTUAL LAWS.
  • you ask a lawyer to explain the laws to you
  • you ask the kvg/your insurance company to show you the laws that make them come to their opinion.

This may contain the relevant laws (not a lawyer and I didn’t read it):
832.10 Bundesgesetz über die Krankenversicherung (KVG)
https://www.fedlex.admin.ch/eli/cc/1995/1328_1328_1328/de
Available in German, French and Italian.

All the best.

1 Like
43

Thanks for your reply.

I did write again to my insurer & the KVG (who BAG reference as the governmental body responsible for interpreting & applying the law) & included the text & the link to the KVG’s own guidance that nabalzbhf found & posted in this thread.

My insurer replied to the effect that they have aligned with the KVG & I have to submit an exemption request.

The KVG response was: “We need a complete application so that we can check your application with the required documents 2 pillar benefit, deregistration in Switzerland. If the 2nd pillar is not a mandatory component, we will inform you accordingly”

So both parties have ignored my questions (& the KVG’s own guidance). Given that at some point in the future I will have to submit a request for exemption I may as well do this now in an attempt to get this resolved - I can’t see any other way of dealing with this unless I go legal.

44

Just to clarify:
When I propose you get to know the laws, I’m not in any way suggesting to “go legal” which I take to mean taking the case to court. I mean understand the law to solve your situation.

If you fill out the paperwork, be sure to understand the possible consequences beforehand.

Btw, I’m finding it hard to understand the actual role, competences and powers of the KVG (very unlucky name choice!).
They seem to be financed by the insurance companies?

If you think that the KVGs demand might be incorrect, but aren’t sure about the actual law, or if you want a second competent look on the situation, you might want to contact the Ombudstelle that was mentioned in this thread before. They have an actual expertise in law.

1 Like
45

Moustachienne
Thanks for your reply. By the term “go legal” I mean referring to a lawyer in order to get an opinion on the law.

It’s interesting that you note that the KVG are funded by the insurance companies, which I would see as a direct conflict of interest. How can a body appointed to make decisions on behalf of the Swiss state on matters concerning health insurance be independent if they are funded by the industry?

Good point concerning the Ombudsman - I’ll reach out to them before I file an exemption request.

46

The KVG owns guidance is really clear and has legal references. I think it’s clear cut, but it probably triggered some kind of process on their side and now they want a formal review.

1 Like