Federal Council expresses concern over ruling on emergency flat rates
Published: Monday, Dec 9th 2024, 21:30
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The Federal Council has expressed its concern regarding the effects of a Federal Supreme Court ruling on emergency flat rates from June. According to the ruling, if a doctor is in an employment relationship, he or she cannot claim emergency flat rates.
"The Federal Council takes seriously the statements according to which the rulings of the Federal Supreme Court could lead to financial difficulties and in some cases even to bankruptcies," the national government stated in a written response to a question from several National Councillors on Monday. The latter came from the ranks of the FDP, the Center Party, the SP, the Greens and the Green Liberals.
Every second GP practice is potentially affected by two Federal Court rulings from June, wrote the "Sonntagsblick" recently. The Federal Court interprets the Tarmed tariff structure rigidly according to legal form. Half of the medical profession in Switzerland is in an employment relationship.
According to the June ruling, surcharges for urgent consultations may not be invoiced for treatments carried out by doctors who receive a fixed salary from a hospital or group practice.
In its response, the Federal Council pointed out that the court's rulings could not be contested or circumvented by subsequent decisions of the Joint Commission or the Federal Council. Furthermore, it is not possible for the federal government to intervene on a subsidiary basis since the tariff partners have agreed on the new Tardoc tariff system and outpatient flat rates.
With regard to the retroactive reimbursement demanded by the insurers, the Federal Council called on the tariff partners to agree on "amicable and reasonable solutions" as quickly as possible. It itself has no competence in this case. As part of the new tariff model for outpatient care, the Federal Council will address the problem until it comes into force at the beginning of 2026.
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