No inconsistency flat rates for regular consultation hours
Published: Monday, Jul 15th 2024, 17:50
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Walk-in practices cannot charge a flat rate for consultations during the opening hours they offer. This was decided by the Federal Supreme Court in the case of one such practice in Winterthur. The flat rate covers the inconvenience of doctors who are forced to treat patients urgently outside their normal working hours.
With this ruling, the Federal Supreme Court is following the view of the industry association Santésuisse, as detailed in a press release published on Monday. In July 2021, 25 health insurers appealed to the Court of Arbitration of the Canton of Zurich and demanded repayment of around CHF 1.2 million for the period from July 2016 to the end of April 2021. The court of arbitration dismissed the claim.
The Federal Supreme Court has now ruled that the convenience fee may not be charged during regular consultation hours. As represented by Santésuisse, consultations in walk-in practices are also considered part of regular business hours in the evening and at weekends. The published opening hours are therefore regarded as regular operating hours.
The case now goes back to the lower court. It must examine the extent of the reimbursement. As Santésuisse writes in its press release, this money will flow into the health insurance companies' reserves, which would in turn benefit premium payers. (Judgement 9C_33/2024 of 24.6.2024)
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