Telephone advertising remains permissible for health insurers

In its decision, the small chamber followed the recommendation of its preliminary committee. A ban would be disproportionate and incompatible with economic freedom, said Urs Schwaller (CVP/FR) on behalf of the committee. It was not clear why a ban should be imposed on a single sector. Telephone advertising also existed for the media, cosmetics and wine. In addition, citizens could protect themselves from such advertising calls with an asterisk in the telephone directory.

Self-regulation failed

National Councillor Jacques-André Maire (SP/NE) justified his motion in the large chamber by stating that previous attempts to restrict telephone advertising for health insurance had not been successful. The health insurance association Santésuisse had reached an agreement with its members to solve the problem through self-regulation. However, it is clear that telephone advertising has not decreased since then.

Hans Stöckli (BE/SP) pointed out in the Council of States that Santésuisse had recently lifted the self-regulation anyway - under pressure from the Competition Commission (COMCO), which had complained that there was no legal basis for it. Santésuisse therefore also had an interest in a Yes to the motion. Stöckli found the comparison with the wine trade inadmissible, as the wine trade is not compulsory, unlike health insurance. This would justify a ban on health insurance.

Regulation in the Supervision Act

Alex Kuprecht (SVP/SZ) disagreed. He admitted that he was also annoyed by such calls, which he received despite the asterisk entry. However, he rejected the motion. A legal basis for self-regulation should be created by other means. Health Minister Alain Berset also asked the Council to focus on the Health Insurance Supervision Act, which is controversial in the Councils, instead of the motion. (SDA)