LAMal appeal must be treated as opposition

ATA/175/1996Cour de justice / Chambre administrative26 mars 1996Remanded

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Résumé Omnilex

The court held that, under the LAMal system, an appeal filed against a formal decision of a health insurer does not immediately proceed to judicial review. Since the statute introduced an opposition stage between the insurer’s decision and the court phase, the filing had to be forwarded to the insurer and treated as an opposition. The practical result was a remittal/transmission to the caisse for further processing in that form.

Regeste Omnilex

LAMal art. 85; opposition procedure as a prerequisite to judicial review: under the new health insurance scheme, the opposition stage interposes itself between the formal decision and the court action. A submission that attacks such a decision must, where it was not already treated as opposition, be transmitted ex officio to the insurer for handling as opposition; direct judicial treatment is excluded until that administrative remedy has been exhausted.

Texte intégral

Descripteurs

PROCEDURE ADMINISTRATIVE; AM; CONDITION DE RECEVABILITE; OPPOSITION(PROCEDURE); ASSURANCE SOCIALE; ASSU

Normes

LAMAL.85

Résumé

Par rapport à l'ancienne LAMA, la LAMAL a introduit une procédure d'opposition qui s'intercale entre la décision formelle et la procédure judiciaire. Recours transmis à la caisse pour qu'elle le traite comme une opposition.

Mots-clés

social insurancehealth insuranceoppositionadmissibilityadministrative procedure

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Questions juridiques clés extraites par Omnilex

Question juridique clé

Whether a filing directed against a health insurer’s formal decision must be treated as an opposition under LAMal procedure.

Solution extraite

Yes. Because LAMal introduced an opposition stage between the formal decision and judicial review, the filing had to be forwarded to the insurer and processed as an opposition.

Motifs extraits

Compared with the former LAMA, the new system requires an administrative opposition step before the matter can go to court. A directly filed appeal cannot bypass that stage and must be transmitted to the insurer.

LAMal appeal must be treated as oppositionGénéré par IA