Advice record

What is an advice record?

An advice record (Beratungsprotokoll) is the written or digital documentation of an advice meeting on health insurance. It is created when an insurance intermediary advises you and then submits an application to an insurer. The record states when the meeting took place, who took part, how the contact came about and what information you received.

The record has two purposes. It protects you, because it documents that you were correctly informed before the application and did not end up in the meeting because of an unwanted sales call. And it is the precondition for the insurer being allowed to pay the intermediary for the contract. No record, no intermediary commission.

The rule applies to basic health insurance under the Federal Health Insurance Act (KVG) and to supplementary insurance under the Insurance Contract Act (ICA). It concerns intermediaries who work on behalf of insurers and untied intermediaries who are paid by an insurer.

How it works

The minimum content is set out in no. 8.2 of the industry agreement on intermediaries of 22.03.2024. The record includes at least:

1. the date of the advice meeting,
2. the names of the customers and of the advisers,
3. confirmation that the advice meeting that led to the application did not result from cold calling,
4. confirmation of the information required under Art. 45 ISA,
5. the consent of the customer and of the adviser or of the responsible digital operator, by original signature or digitally.

Every intermediary must give you the information required under Art. 45 of the Insurance Supervision Act (ISA) before you apply for a contract: their name and address, whether they act as a tied or untied intermediary (and, if tied, for which insurers), where you can find out about their training and continuing education, who is liable for errors and how your personal data are processed.

The intermediary submits the record to the insurer together with the application. If it is missing or does not meet the minimum standards, the insurer may not pay any remuneration. For basic health insurance, this remuneration is also capped: a maximum of CHF 70 in variable remuneration per insured person (no. 9.1.1 of the agreement, also generally binding).

Legal basis

Art. 19b para. 1 let. f of the Health Insurance Supervision Act (KVAG) and Art. 31a para. 1 let. f ISA allow insurers to regulate the preparation and signing of advice records in an agreement. At the request of insurers representing at least 66% of insured persons or of premiums, the Federal Council can declare these rules generally binding.

It did so with effect from 01.09.2024: Art. 35b of the Health Insurance Supervision Ordinance (KVAV) with Annex 2 for basic health insurance and Art. 190e of the Insurance Supervision Ordinance (AVO) with Annex 7 for supplementary insurance declare parts of the industry agreement of 22.03.2024 binding on all insurers, including no. 8.2 para. 1: applications from intermediaries are only remunerated if an advice record meeting the defined minimum standards is attached. The list of minimum content is in the agreement itself. Under Art. 54 para. 3 let. h KVAG, breaches are punished with a fine of up to CHF 100,000, or up to CHF 20,000 in the case of negligence (Art. 54 para. 4 KVAG). In supplementary insurance, Art. 86 para. 1bis and 2 ISA apply: up to CHF 100,000, or up to CHF 50,000 in the case of negligence. Supervision lies with the FOPH for basic health insurance and with FINMA for supplementary insurance.

Example: advice on basic and supplementary insurance

Sara, 32, contacts an intermediary via their contact form because she wants to switch her basic health insurance and look into supplementary hospital insurance. After the meeting, she receives the record digitally for confirmation.

What this means for you

• Read the record: check the date, the names and the information on how the appointment came about before you give your consent.
• Ask for a copy: keep the record together with the quote and the application.
• Compare without advice: you can compare basic health insurance premiums yourself in the premium calculator and the insurers in the overview under Health insurers. You can initiate a switch yourself; the process is described under Switching health insurer.
• Advice only on request: if you request advice on this platform, the operator FinanceRock GmbH advises you as an untied insurance intermediary. The information required under Art. 45 ISA is in the intermediary information, and the business model under Disclosure.

Common mistakes

• Signing blindly. By giving your consent, you also confirm how the appointment came about and that you received the information.
• Confirming cold calling did not happen when it did. If someone called you unsolicited, the confirmation in the record is not correct.
• Confusing the record with the contract. The record documents the advice; the contract only comes into being with the application and its acceptance by the insurer.
• Not keeping a copy. Without a copy, you cannot prove later what was discussed.