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  • BVGer (9.4.18): Publi­ca­ti­on of infor­ma­ti­on on phy­si­ci­ans by a health insurer 

BVGer (9.4.18): Publi­ca­ti­on of infor­ma­ti­on on phy­si­ci­ans by a health insurer

The BVer had in the Judgment C‑3612/2016 (April 9, 2018) had to rule on the com­plaint of two doc­tors who had objec­ted to the publi­ca­ti­on of their names on the web­site of Assu­ra-Basis AG. The case con­cer­ned Assura’s fami­ly doc­tor model, under which a pre­mi­um reduc­tion is offe­red if the insu­red per­son under­ta­kes to con­sult the fami­ly doc­tor first in each case. In this con­text, Assu­ra published a Direc­to­ry of FMH phy­si­ci­ans As eli­gi­ble pri­ma­ry care physicians.

Assu­ra had argued in the lawsu­it that it had inclu­ded on its list of pri­ma­ry care phy­si­ci­ans all phy­si­ci­ans who were are alre­a­dy listed in Med­Reg and in the FMH direc­to­ry, which is why it only pro­vi­des publicly acce­s­si­ble data. The Med­Reg ser­ves the enforce­ment of the health insu­rance and may the­r­e­fo­re be used and published by the health insu­r­ers. The BVGer comes to the conclusion,

that Art. 84a Para. 3 in con­junc­tion with Art. 84a Para. 6 KVG pro­vi­des for a suf­fi­ci­ent legal basis for the publi­ca­ti­on of the names and addres­ses of the appel­lants in the lower court’s medi­cal direc­to­ry for the imple­men­ta­ti­on of the “fami­ly doc­tor” and “Phar­Med” insu­rance models.