1 State - People - Authorities - 13 Citizenship - Residence - Stay - 132 Establishment and Stay

**The present directive specifies the procedures for the mandatory affiliation of asylum seekers, persons provisionally admitted, and persons to be protected (hereinafter: asylum seekers), their allocation to one or more insurers authorized to operate in the canton pursuant to Article 13 of the Health Insurance Act (LAMal) (art. 30, para. 2, of the decree concerning the application of federal asylum legislation, of May 9, 2001) and the choice of the deductible amount.**

Asylum seekers must be insured for medical care (art. 3, para. 1, LAMal and art. 1, para. 2, let. c, OAMal), with accidents being covered under the LAMal as soon as the coverage under the Federal Accident Insurance Act (LAA) ceases entirely or partially (art. 8 LAMal).

Article 26, paragraph 4, of Ordinance 2 on Asylum concerning financing (OA2), of August 11, 1999, provides that the cantons restrict the freedom of asylum seekers to choose their insurer.

The cantons are required to take measures to ensure the quality of the offer.

The Council of State has exercised this option in Article 30 of the decree concerning the application of federal asylum legislation, of May 9, 2001.

In the absence of a state agreement with one or more health insurers, asylum seekers are allocated by the asylum and refugee service (hereinafter: the SAR) among the insurers.

The choice of the insurer for asylum seekers is made by the SAR.

If necessary, the compulsory affiliation of asylum seekers is pronounced by the health insurance service (hereinafter: the SAM).

All members of the same family unit are affiliated with the same insurer.

Asylum seekers are covered only for mandatory health insurance.

Each year, the SAR determines the type of coverage for asylum seekers, as well as the amount of their deductible.

Asylum seekers who can demonstrate, as of September 30 of the current year, a period of financial independence exceeding twelve months may freely choose the amount of their deductible for the following year.

Articles 18 and 19 of the implementing regulations of the law introducing the federal health insurance law, of January 31, 1996, and Articles 24 and 25 of the decree concerning the application of federal asylum legislation, of May 9, 2001, also apply to financially independent asylum seekers (hereinafter: autonomous).

Thus, employers and similar entities are required to deduct from the salary of autonomous asylum seekers the amount of premiums, the deductible, and the co-payment indicated by the insurer and to pay it to the insurer.

They must also submit a copy of the salary slip issued each month to the SAR.

The SAR is responsible for the implementation of these directives.

1. This directive comes into force immediately and repeals the directive concerning health insurance for asylum seekers, provisionally admitted persons, and persons to be protected, dated December 21, 2004 [8].

2. It will be published in the Official Gazette and included in the Neuchâtel Collection of Legislation.