- The Federal Administrative Court confirms that Art. 84a para. 3 in conjunction with para. para. 6 KVG provides a sufficient legal basis for the publication of names and addresses in GP and PharMed directories.
- Assura only published publicly available entries from MedReg and FMH, which is why the use and publication of this data is permitted within the framework of the insurance models.
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.