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178.110 CH-TI

Regulations concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance

19 Articles / Provisions · Switzerland · Canton of Ticino
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Table of Provisions (19)

Art. 1 Regulations concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Art. 2 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Art. 3 Regulation concerning the Organization and Procedure of the Arbitral Tribunal for Health and Accident Insurance Art. 4 Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Art. 5 Regulations concerning the organization and procedure of the Arbitration Tribunal in matters of sickness and accident insurance Art. 6 Regulation concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Art. 7 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Art. 8 Regulations concerning the organization and procedure of the Arbitral Tribunal for Health and Accident Insurance Art. 9 Regulations concerning the organization and procedure of the Arbitration Tribunal for health and accident insurance Art. 10 Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Art. 11 Regulations concerning the Organization and Procedure of the Arbitration Tribunal in Matters of Sickness and Accident Insurance Art. 12 Regulation on the organization and procedure of the Arbitration Tribunal in matters of health and accident insurance Art. 13 Regulations concerning the organization and procedure of the Arbitration Tribunal for health and accident insurance Art. 14 Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Art. 15 Regulation concerning the organization and procedure of the Arbitration Tribunal in matters of health and accident insurance Art. 16 Regulations on the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Art. 17 Regulations concerning the organization and procedure of the Arbitration Tribunal for health and accident insurance Art. 18 Regulations on the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Art. 19 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance

Statutory Text (19 Articles)

Art. 1 Regulations concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Regulations concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

1 The Arbitral Tribunal is composed of a president appointed by the Council of State for a period of six years and two members, one appointed by each of the two parties to the dispute respectively with the petition and with the response.

2 The president is replaced by a substitute appointed by the Council of State for a period of six years.

3 If a party fails to designate its arbitrator, the president shall grant it a period of ten days for the designation. Should this period expire unfruitfully, the appointment shall be made ex officio by the president.

4 The Arbitral Tribunal shall have its seat at the address of the president, who shall also handle its clerical duties.

Art. 2 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

1 The Arbitration Tribunal shall judge, with jurisdiction over the entire Canton

a) in matters of accident insurance: disputes between insurers and persons exercising a health profession, laboratories, establishments, and nursing homes;

b) in matters of health insurance: disputes between insurers and service providers, and also in cases where the insured is liable for remuneration (third-party guarantor system).

2 If tariff agreements or agreements relating to the quality control of services provide for the intervention of a cantonal parity commission for a conciliation procedure, the Arbitration Tribunal may only be seized after the failure of conciliation.

Art. 6 Regulation concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Regulation concerning the organization and procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

Once the exchange of annexes is complete, the parties are summoned to the public hearing before the Arbitral Tribunal.

Challenge [2]

[2] Marginal note amended by R 9.11.2010; in force since 1.1.2011 - BU 2010, 443.

Art. 7 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

[3] 1 The provisions of the Code of Civil Procedure of 19 December 2008 apply by analogy to the recusal of the president and the arbitrators.

2 The application for recusal must be reasoned and submitted with the first pleading or as soon as the party becomes aware of the ground for recusal.

3 An application for recusal of an arbitrator is decided by the president, while an application for recusal of the president of the Arbitral Tribunal is decided by the president of the Cantonal Social Security Court.

4 In the event of recusal, resignation, or death of an arbitrator, the party that proposed him or her shall be invited to designate a new arbitrator within ten days.

[3] Art. amended by R 9.11.2010; in force since 1.1.2011 - BU 2010, 443.

Art. 8 Regulations concerning the organization and procedure of the Arbitral Tribunal for Health and Accident Insurance Regulations concerning the organization and procedure of the Arbitral Tribunal for Health and Accident Insurance Open official source

1 The taking and admission of evidence shall be carried out simply and quickly by the president.

2 The president has the power to resort to means of evidence not indicated by the parties or to reject, as irrelevant to the judgment, applications for means of evidence that the parties have notified.

Art. 9 Regulations concerning the organization and procedure of the Arbitration Tribunal for health and accident insurance Open official source

The judgment is adopted by the Court and is served on the parties and the Council of State in written form.

Art. 10 Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Open official source

[4] For the remedy of revision, Articles 57 et seq. of the Law on Administrative Procedure of September 24, 2013, shall apply.

[4] Art. modified by R 18.2.2014; in force since 1.3.2014 - BU 2014, 117.

Art. 14 Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Regulations concerning the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Open official source

1. The arbitrators receive the following allowances: CHF 300.-- for a full day; CHF 150.-- for a half-day.

2. For the remainder, the provisions of the Regulations concerning commissions, working groups and representations in cantonal bodies appointed by the Council of State shall apply. [5]

[5] Para. amended by R 6.5.2008; in force since 9.5.2008 - BU 2008, 234.

Art. 15 Regulation concerning the organization and procedure of the Arbitration Tribunal in matters of health and accident insurance Regulation concerning the organization and procedure of the Arbitration Tribunal in matters of health and accident insurance Open official source

1 The president or their deputy shall receive a daily allowance of CHF 300.-- for the duties assigned to them; if self-employed, they shall receive a daily allowance of CHF 600.--, all-inclusive.

2 For half a day or for a commenced day, half a daily allowance shall be calculated.

3 For the remainder, Article 14, paragraph 2 applies.

Art. 16 Regulations on the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Regulations on the organization and procedure of the Arbitration Tribunal for sickness and accident insurance Open official source

[6] To the extent not established by this Regulation and insofar as compatible with the requirements of simplicity and speed of the procedure, the Administrative Procedure Law of 24 September 2013 shall apply, on a subsidiary basis.

[6] Art. amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 117.

Art. 18 Regulations on the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Regulations on the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

The present Regulations repeal the Regulations concerning the organization of the procedure of the Arbitration Tribunal for sickness and accident insurance of July 26, 1968.

Art. 19 Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Regulations concerning the Organization and Procedure of the Arbitration Tribunal for Health and Accident Insurance Open official source

The present Regulation is published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and enters into force immediately. [7]

Published in the OB 1998, 79.

[7] Entry into force: March 24, 1998 – OB 1998, 79.

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