Latest updates
CAR-T therapies and changes to Healthcare Benefits Ordinance
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 01 April 2020
The Federal Department of Home Affairs recently decided that two new autologous cell therapies (CAR-T therapies) for the treatment of blood and lymph gland cancer will in future be covered by compulsory healthcare insurance. Further, preventive investigations of colorectal cancer will be exempted from the franchise in the Cantons of Fribourg and Basel-Stadt. In addition to these changes, a number of other adaptations have been made to the Healthcare Benefits Ordinance and its annexes.
Swiss health study commenced
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 25 March 2020
The Lausanne University Centre for General Medicine and Public Health, in close cooperation with the Swiss Biobanking Platform, recently commenced the pilot phase of the so-called 'Swiss health study', which aims to determine which chemicals accumulate in the human body. The pilot phase is supported by the Federal Office of Public Health.
Indirect counterproposal to nursing care initiative
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 18 March 2020
The popular nursing care initiative 'For Strong Nursing Care' is calling for more nursing staff and quality safeguarding in nursing care. The Swiss parliamentary Commission for Social Security and Health recently presented an indirect counterproposal to this popular initiative. The counterproposal adopts a number of the initiative's important demands and aims to counter the nursing staff shortage and increase nursing staff skills with an educational campaign.
Legal considerations of assignment of receivables under Swiss international private law
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 03 March 2020
From a Swiss legal perspective, in order to ascertain the enforceability of an assignment against a debtor of receivables, the assignment of a receivable must be subject to the law governing the receivables. Further, in order to safeguard the validity of a Swiss law-governed assignment of receivables under a formalities perspective, care must be taken that a wet-ink original of each declaration of assignment is made available to the assignee.
Taxation of digital economy: Swiss response to recent OECD statement
Walder Wyss- Corporate Tax
- Switzerland
- 28 February 2020
The Organisation for Economic Cooperation and Development recently released a statement update on a new international framework to allocate part of the profits of multinational enterprises with a substantial digital business footprint in countries in which they have a large user base, but no physical presence. Switzerland has stated that it will maintain its support for the development of a multilateral solution for taxing the digital economy to avoid unilateral actions that jeopardise growth and innovation.
IT outsourcing by banks and insurers facilitated by revised regulations
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 10 January 2020
On 1 January 2020 the Swiss Financial Market Supervisory Authority implemented various revised rules primarily targeting small banks (the so-called 'small banks regime'). Among other aspects, this will result in a relaxation of IT outsourcing requirements for financial institutions. The amendments are positive and a step in the right direction, as they will allow financial institutions to enjoy more leeway to benefit from IT outsourcing services.
Federal Council considers introduction of cyber incident reporting duty
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 20 December 2019
While many countries have introduced far-reaching obligations to report cyber incidents, Switzerland has not yet followed this lead. However, the Federal Council recently adopted a report which considers key issues with regard to the introduction of a general reporting obligation for operators of critical infrastructure. The report also discusses possible implementation models.
Federal Council adopts dispatch to improve legal framework for blockchain and DLT
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 13 December 2019
The Federal Council recently adopted a dispatch message to improve the legal framework governing distributed ledger technologies (DLT) in Switzerland. The Federal Council's objective is to increase legal certainty, remove obstacles to DLT-based applications and limit the risk of abuse. The Swiss parliament will examine the dispatch message in early 2020.
Court annuls FOPH order limiting medicinal product price increase
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 04 December 2019
The Federal Administrative Court recently annulled a Federal Office of Public Health (FOPH) order that had limited the price increase of a medicinal product on the list of specialities to two years. The FOPH had permitted a temporary (ie, two-year) price increase of 20%; however, the Federal Administrative Court upheld the manufacturer's argument that such time limits may be imposed only for comprehensible and appropriate reasons, which the FOPH could not convincingly provide.
Federal Supreme Court upholds breast implant decision
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 30 October 2019
The Federal Supreme Court recently dismissed an appeal against a Zurich Social Insurance Court decision concerning the replacement of an appellant's breast implant under compulsory health insurance. According to the Federal Supreme Court, a gynaecologist's reasoning that the appellant's pain was most likely caused by the implant was incomprehensible and therefore the Zurich Social Insurance Court's decision was not arbitrary.
Federal Council aims to combat human organ trafficking more effectively
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 23 October 2019
The Federal Council recently submitted to Parliament a dispatch approving the Council of Europe Convention against Trafficking in Human Organs. The Federal Council supports the convention, which aims to harmonise criminal provisions internationally. In particular, the convention provides for the prosecution of all human organ trafficking, regardless of where it takes place.
Key considerations regarding asset classes and assignability of receivables
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 22 October 2019
In recent years, the number of publicly placed and listed securitisation transactions in the car leasing and credit card sectors has increased significantly. The driving force behind this development is economic rather than legislative, as Swiss law places no specific restrictions on asset classes eligible for securitisation. However, compliance with certain Swiss legal concepts is crucial when setting up a securitisation transaction involving Swiss law-governed receivables.
New measures to combat rising costs in public healthcare sector
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 09 October 2019
The Federal Council recently adopted new measures to combat rising costs in the public healthcare sector. With this first set of measures, the Federal Council intends to provide all stakeholders with the instruments needed to reduce costs and expects to save several hundred million Swiss francs annually.
Federal Council clarifies use of personal data in compulsory healthcare insurance
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 02 October 2019
The Federal Council recently approved a draft of the Social Security and Health Commission of the Council of States in order to improve the legal basis for the transfer of data of insured persons. The Federal Council intends to collect personal data from insured persons while guaranteeing the protection of personal data and upholding the principle of proportionality.
Federal Council offers financial assistance to online media
Walder Wyss- Tech, Data, Telecoms & Media
- Switzerland
- 27 September 2019
In view of the media industry's ostensibly democratic and political role, the Federal Council has decided to adopt effective and feasible support measures. These measures will be implemented by adapting existing laws and incorporating online media into the scope of the Federal Act on Radio and Television. However, the plan to create a new Electronic Media Act has been abandoned.
Federal Supreme Court clarifies pricing rules for generics
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 25 September 2019
The Federal Supreme Court recently clarified that although certain provisions of the Health Insurance Act and the Health Insurance Ordinance are based on patent protection (or expiration), the Health Insurance Ordinance sets out no pricing rules for generics if the original's exclusivity is only partially lost. Further, protected indications of a multi-indication pharmaceutical, of which some indications have lost exclusivity, cannot be exchanged by a generic.
Consultation on direct medical prescriptions for cannabis-based treatments
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 18 September 2019
The Federal Council recently submitted a draft amendment to the Narcotics Act for consultation that aims to facilitate patients' access to cannabis-based treatments. The revised act would allow patients to obtain direct medical prescriptions for cannabis-based treatments with a tetrahydrocannabinol content of more than 1% without having to obtain an exceptional licence from the Federal Office of Public Health.
Fertility preservation and dementia prevention covered by compulsory healthcare insurance
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 11 September 2019
The Federal Department of Home Affairs recently decided that measures to preserve the fertility of people suffering from cancer will now be covered by compulsory health insurance. Under the new measures, if cancer patients run the risk that a planned treatment will lead to impaired ovarian or testicular function, sperm, egg cells or ovarian tissue can be frozen (so-called 'cryopreservation') and reused after therapy. Cerebrospinal fluid analyses for diagnosing dementia will also be covered.
Federal Council intends to improve access to psychotherapy
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 04 September 2019
The Federal Council intends to improve access to psychotherapy, especially for children and adolescents, as well as adults in crisis situations. In order to facilitate such access and ensure adequate care, the Federal Council has proposed a change to the existing system which will allow, among other things, psychotherapists to provide their services independently within the compulsory healthcare insurance framework.
Popular initiative: 'Supporting organ donation – saving lives'
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 28 August 2019
The popular initiative 'Supporting organ donation – saving lives' calls for the introduction of a narrow contradiction solution in order to substantially increase the number of organ donations. At present, the consent solution applies in Switzerland and organ donation is possible only if the deceased agreed during their lifetime to donate their organs. The new contradiction solution would allow organs to be removed from a deceased person if they did not oppose this during their lifetime.
