Rs 832.105 Order Of 14 February 2007 On The Insurance Card To The Compulsory Care (Oca)

Original Language Title: RS 832.105 Ordonnance du 14 février 2007 sur la carte d’assuré pour l’assurance obligatoire des soins (OCA)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
832.105 order on the insurance card for the mandatory healthcare insurance (OCA) from February 14, 2007 (Status January 1, 2009) the federal Council Swiss, view of art. 42a of the Federal Act of 18 March 1994 on health insurance (KVG), stop: Section 1 principle art. 1. insurers must deliver a card to all those required to ensure by order of 27 June 1995 on health insurance (OAMal).
People who are obliged to ensure under art. 1, al. 2, let. d and e, OAMal, but who cannot receive benefits supported by compulsory insurance for care in Switzerland, except through international assistance, do not issue insurance card.

RS 832.102 Section 2 requirements techniques art. 2. the insurance card must contain a microprocessor allows the following applications: a. data processing personal; (b) verification of the right of access to data; c. blocking of data through a secret personal code (PIN code); d. additional applications for cantonal pilot tests. Cards issued by insurers must be compatible with each other.

Section 3 data for invoicing art. 3 print data the insurer must print the following data on the insurance card: a. name and surname of the person insured; b. number of old-age insurance and survivors (AVS); c. date of birth of the insured person; (d) sex of the person insured; e. name and number identification of the insurer (number FOPH); f. identification number of the insurance card; (g) expiry date of the insurance card.

The data of the European health insurance card can also be printed on the back of the card. In this case, the identification number of the insurance card must be the same as the identification number of the European health insurance card.
The federal Department of the Interior sets requirements for the graphical presentation.

Art. 4 electronic data the insurer must save the data referred to in art. 3, al. 1, electronically on the insurance card.
It can also record electronically on the card the following: a. address of the insured person; b. address insurance billing; c. particular forms of insurance within the meaning of art. 62 lAMal; d. possible suspension of coverage of accidents under art. 8 lAMal; e. indications of supplementary insurance, provided that the insured person has given his agreement; (f) data of the European health insurance card. The insurer cannot influence the decision of the insured person to include or not the indications of supplementary insurance referred to in para. 2, let. e, giving that person to benefits or in her disfavoring.

Art. 5 insurance number AVS before issuing the card, the insurer is required to check the AVS insurance with the competent Department and, where appropriate, to ask for the assignment.
The insurer must take precautionary measures defined in art. 50g of the Federal Act of 20 December 1946 on old-age insurance and survivors in order to protect the insurance number.
Service providers announce the central clearing of old-age insurance, survivors, and disability (CdC) the systematic use of the number of insured within the meaning of art. 134 of the rules of 31 October 1947 on old-age insurance and survivors. They can designate a service responsible for this task in the form of collective announcement.

New content according to point 2 of the annex to the O from 7 nov. 2007 (2007 5271 RO).
RS 831.10 RS 831.101 introduced by section 2 of the annex to the O of Nov. 7. 2007 (2007 5271 RO).

Section 4 data to the senses of the art. 42, art. 4, lAMal-Art. 6 scope of the persons referred to in the annex data can, in order to improve the efficiency, safety and quality of medical treatment, electronically record the following data on the insurance card, as long as the insured person agrees: a. blood and transfusion data; (b) data relating to the immune system; c. data relating to transplantation; d. allergies; e. diseases and consequences of an accident; f. in medically based cases , additional inscription; g. medication; h. one or several addresses of people to warn emergency; i. mention of the existence of advance directives.

They are required to add to the data mentioned in para. 1, let. a to g, EAN (European Article Numbering) number and the date of registration.
They are not required to enter the data referred to in para. 1. the insurer cannot influence the decision of the person insured to include or not the data referred to in para. 1 paying that person to benefits or in her disfavoring.

Art. 7 access to the data referred to in art. 6. the persons mentioned in the annex have access to the data referred to in art. 6. the scope of the treatment of the data is defined in the annex.
The data is accessed by means of an electronic certificate for quality of service provider.
The persons referred to in the annex are allowed to process the data referred to in art. 6, with the agreement of the insured person.
The insured person may lock the data referred to in art. 6, al. 1, let. a to g, using a PIN code.
When required by emergency care and the insured person is unable to give consent, the persons mentioned in the annex may access the data referred to in art. 6 in the absence of this agreement.

Art. 8 electronic certificate for the quality of the electronic certificate for the quality of service provider service provider should authenticate the person authorized to access the data.
Authorized service providers to exercise an activity supported by the mandatory healthcare insurance are competent to issue the electronic certificate for the quality of service provider. They may also delegate this task to a third party.
Service providers must ensure that the electronic certificate for the quality of service provider is issued only to people mentioned in the annex which have training recognized under federal or cantonal regulations.

Section 5 rights and obligations art. 9 rights of the insured the insured person has the right to be informed of the data appearing on the map of insured and, if necessary, to have it corrected. She can make clear optional data at any time. She can assert these rights from the insurer for the data referred to in art. 3 and 4, and to the persons mentioned in the annex, for the data referred to in art. 6. it can refuse to disclose the data referred to in art. 6 without indicating reasons.

Art. 10 obligations of the insured the insured person must present his card to the service provider at the use of benefits.
If she does not have his insurance card and that it thereby causes additional costs during the repayment of benefits, the insurer may charge an appropriate fee.
When the assurance report ends or that the insurance card expires, the insured person must make his card to the insurer on request.

Art. 11 rights of the insurer the insurance card remains the property of the insurer who issued it.
The insurer may limit the period of validity of the insurance card.

Art. 12 obligations of the insurer where the insurer provides insurance to the insured person's card, he is obliged to inform it in writing, detailed and comprehensible manner, of his rights and obligations. This information is reported including: a. the obligation to use the card when the use of benefits; (b) the rights referred to in art. 9. c of the persons authorized to query the data stored on the card and purposes to which these data are processed; d. of the interest of the insured person, to erase the data referred to in art. 6 before you return his card to the insurer.

Art. 13 obligations of individuals referred to in the annex referred to in annex people who register the data referred to in art. 6 on the insurance card are required to inform the insured of his or her rights. This information is reported including: a. the rights referred to in art. 9; b. of the persons authorized to access these data and purposes for which these data are processed; c. the possibility, for the insured person, to lock these data using a PIN as well as advantages and disadvantages of such a lock; d. of the interest of the insured person, to erase these data before you return his card to the insurer.

Section 6 billing art. 14 resumption of data for billing the service provider should take the necessary billing data appearing on the insurance card. It can also consult online data.

Art. 15 the insurer on-line consultation procedure shall propose a procedure of consultation online. It must make available to the service provider the following information:

a. existence of an assurance report; b. validity of the insurance card; c. data referred to in art. 3, al. 1. for the online consultation process, the insurer may also make available to the service provider the information referred to in art. 4, al. 2. the data can be queried by online consultation only with the consent of the insured person.
The insurer must design the system of online consultation in such a way that the consultation may take place through the identification number of the insurance card.
The insurer and the service provider must ensure the security of the transmission of the data by appropriate technical measures.

Section 7 pilots cantonal art. 16. in the context of cantonal pilots in the field of health, the insurance card can be used for purposes other than those specified in art. 42, art. 2, lAMal, and for uses beyond those specified in art. 42, art. 4, lAMal, as specified by cantonal law. The function of the map as it is defined in art. 42, art. 1 to 3, LAMal, must be guaranteed.
Cantonal law must: a. set the framework and the purpose of the test; b. the limits to the duration of the test; c. define the cantonal body competent; d. ensure that the optional nature of the participation of insured persons and service providers; e. define the personal data processed in the context of the trial; f. set the access rights to personal data.

The pilot must be accompanied by an assessment by the canton. Township prepares a report for the federal Office of public health.

Section 8 Standards techniques art. 17. the federal Department of the Interior rule, with the assistance of interested circles, the technical standards to be applied for the card and the online consultation process. International standards must be taken into account in the setting of technical standards.

Section 9 provisions final art. 18 amendment of the law in force the order of 27 June 1995 on Medicare is changed as follows: art. 59, al. 1, let. d and e...

RS 832.102. The below change is inserted in the said Ordinance.

Art. 19 repealed by no I of O from 26 nov. 2008, with effect from Jan 1. 2009 (RO 2008-6145).

Art. Transitional 19aDisposition relating to the amendment of November 26, 2008 insurers issue insurance card on 1 January 2010 at the latest.
They set up the procedure of consultation online referred to in art. 15 on 1 January 2010 at the latest.
Insurers and providers must ensure that the security of the transmission data required in art. 15, al. 5, is guaranteed as of January 1, 2010.

Introduced by section I of O from 26 nov. 2008, in force since Jan. 1. 2009 (RO 2008-6145).

Art. 20 entry into force this order comes into force on March 1, 2007, subject to the al. 2 and 3.
Art. 5 comes into force at the same time as the amendment of June 23, 2006, of the Federal law on old-age insurance and survivors (new AHV insurance number).
Art. 18 come into force on January 1, 2010.

RO 2007 5259 new content according to section I of the O from 26 nov. 2008, in force since Jan. 1. 2009 (RO 2008-6145).

Annex (art. 7) access to the data referred to in art. 6 blood and transfusion data (art. 6, al. 1 let. a) data related to the immune system (art. 6, al. 1, let. b) data related to the transplant (art. 6, al. 1, let. c) Allergies (art. 6, al. 1 let. d) diseases and consequences of an accident (art. 6, al. 1, let. e) additional Inscription in medically based cases (art. 6 al. 1, let. (f) medication (art. 6, al. 1, let. g) addresses of contact in case of emergency (art. 6, al. 1, let. h) Existence of directives early (art. 6, al. 1, let. i) doctors reading writing erasure reading writing erasure reading writing erasure reading writing erasure reading writing erasure reading writing erasure reading writing erasure reading writing erasure reading writing erasure pharmacists reading reading reading reading reading reading reading writing erasure reading writing erasure reading writing erasure dentists reading writing erasure reading writing Erase read write delete read write delete read write delete read write delete read write delete read write delete read write delete chiropractors read write delete read write delete read write delete read write delete read write delete read write delete read write delete read write delete read write delete midwives reading reading reading reading reading reading reading reading writing deletion read write delete physiotherapists reading reading reading reading reading reading reading reading writing deletion read write delete OT reading

Reading reading reading reading reading reading reading writing deletion read write delete nurses and nurses reading reading reading reading reading reading reading reading writing erasure reading writing erasure speech therapists/pathologists reading reading reading reading reading reading reading reading writing erasure reading writing erasure dieticians reading reading reading reading reading reading reading reading writing erasure reading writing erasing State on January 1, 2009

Related Laws