Question juridique clé
Whether the appellant met the requirements for exemption from Swiss mandatory health insurance under Art. 2(8) OAMal from 1 October 2008.
Solution extraite
The conditions for exemption were not met because only the dental-care component showed a relevant disadvantage, while no equivalent overall deterioration of insurance protection or cost coverage was established for the remaining benefits.
Motifs extraits
Art. 2(8) OAMal is a narrow hardship exception requiring a significant worsening of protection or cost coverage and, because of age or health, inability to obtain equivalent supplementary insurance on acceptable terms. The appellant proved a superior French dental reimbursement scheme, but not a generally equivalent or overall superior foreign coverage for other benefits.