Key points at a glance
- When it is added to the List of Pharmaceutical Specialties, a generic must be at least 20% to 70% cheaper than the original (Art. 65c KVV).
- If a medicine is at least 10% above the average of the cheapest third, you pay a 40% retention fee instead of 10% (Art. 38a KLV).
- The pharmacy may give you a cheaper generic unless the doctor expressly asks for the original (Art. 52a KVG).
- Originals prescribed for medical reasons are not subject to the higher retention fee.
What are generics?
Generics are medicines that contain the same active ingredient as an original product that is already authorised. They come onto the market when the original’s patent protection has expired. Because the manufacturer does not have to fund its own research into the active ingredient, generics are cheaper. In Switzerland, Swissmedic authorises every generic before it may be sold.
In basic health insurance, the topic is closely linked to the retention fee. The insurer pays for medicines that are on the FOPH’s List of Pharmaceutical Specialties and prescribed by a doctor. For expensive products for which cheaper alternatives with the same active ingredient exist, however, the law requires a higher retention fee: the differentiated retention fee of 40%.
Biosimilars are a special form. They are copies of medicines produced using biotechnology. For the differentiated retention fee, the same rules apply to them as to generics.
How it works
For every active ingredient on the List of Pharmaceutical Specialties, the Federal Office of Public Health (FOPH) determines the cheapest third of all products and calculates the average of their ex-factory prices. If a medicine is at least 10% above this average, you pay a 40% instead of a 10% retention fee on the costs after the deductible. This applies equally to originals, generics, co-marketing products and biosimilars. So a generic can also be subject to the higher retention fee if it is more expensive than its cheapest competitors.
The threshold is set each year on 1 December or when the first generic of an active ingredient is added to the list. If a manufacturer lowers its price below the threshold, the normal 10% retention fee applies to its product again.
The higher retention fee does not apply if your doctor demonstrably prescribes the original for medical reasons or if the pharmacy refuses a switch for medical reasons. Doctors’ practices and pharmacies must inform you if a generic exists for your medicine and if the retention fee is above 10%.
For the annual maximum retention fee of CHF 700, the share above 10% counts only by half. So if you choose expensive originals, you reach the cap more slowly and pay more overall.
Legal basis
The right of substitution is set out in Art. 52a of the Federal Health Insurance Act (KVG): if several medicines with the same active ingredient composition are on the List of Pharmaceutical Specialties, the pharmacy may dispense a cheaper one if it is equally suitable from a medical point of view, unless the original is expressly requested (para. 1). It informs the person who issued the prescription (para. 2).
The differentiated retention fee is governed by Art. 38a of the Health Care Benefits Ordinance (KLV), in force in its current version since 01.01.2024. Para. 1 sets the threshold of 10% above the average of the cheapest third and the retention fee of 40%, para. 2 lists the products concerned, para. 7 the exception for medical reasons and para. 8 the duty to inform. The basis is Art. 64 para. 6 let. a KVG, under which the Federal Council may provide for a higher co-payment for certain benefits, and Art. 104a para. 1bis of the Health Insurance Ordinance (KVV). Under Art. 104a para. 2 KVV, the part above the statutory retention fee only counts by half towards the annual maximum.
The price gap on admission to the list is governed by Art. 65c para. 2 KVV: depending on the market volume of the original, a generic must be at least 20%, 40%, 50%, 60% or 70% cheaper. For an original with more than CHF 25 million in sales a year, it is 70%.
Example: one year of a long-term medicine
Sara is 52, has the standard deductible of CHF 300 and has already used it up this year. She needs twelve packs of a medicine. The prices are assumptions for the calculation: the original costs CHF 60 a pack and is above the threshold; a generic costs CHF 36 and is below it. The retention fees of 10% and 40% are the statutory values under Art. 38a KLV.
| Original | Generic | |
|---|---|---|
| Cost of 12 packs | CHF 720.00 | CHF 432.00 |
| Retention fee | 40% | 10% |
| Sara’s share | CHF 288.00 | CHF 43.20 |
| Counted towards the CHF 700 maximum | CHF 180.00 | CHF 43.20 |
Your choice does not change the premium. Generics do, however, affect the costs of the whole system and therefore premiums in the long run. You can see how the insurers are doing under health insurers, and the 2026 premiums of all insurers in the premium calculator.
What this means for you
With every new prescription, ask whether there is a generic. This is especially worthwhile for medicines you take long term. Three points will help you:
- Check the List of Pharmaceutical Specialties. On the List of Pharmaceutical Specialties, you can see for every product whether a 10% or 40% retention fee applies.
- Clarify medical reasons. If you do not tolerate an excipient or a switch is delicate, your doctor should prescribe the original expressly and with a reason. The normal retention fee then applies.
- Do not think only in terms of original versus generic. Generics can also be above the threshold. Compare several products with the same active ingredient.
As long as you have not yet reached your deductible, you pay the full price of every medicine yourself. The price difference between the original and the generic then counts directly. The entry medicine prices explains more about prices and how they are set. You will find more terms on basic health insurance in the glossary.
Common mistakes
- Thinking generics always have a 10% retention fee. What counts is the price, not the label. An expensive generic can also cost 40%.
- Asking for the original without a reason. Without a documented medical reason, the higher retention fee applies.
- Confusing the retention fee with the deductible. The differentiated retention fee only applies after the deductible; before that, you pay everything yourself anyway.
- Assuming the CHF 700 cap fully protects you. The additional share above 10% only counts by half towards the maximum.
How we calculate examples is explained under how we calculate.
Frequently asked questions
Do generics work the same way as the original?
A generic contains the same active ingredient in the same amount and must be authorised by Swissmedic. The excipients, form or colour of the tablet may differ. Whether a switch is medically right for you is something to discuss with your doctor or pharmacy.
What is the differentiated retention fee?
It is the increased retention fee of 40% for medicines that are at least 10% more expensive than the average of the cheapest third of all medicines with the same active ingredient. It applies equally to originals and generics.
Do I have to take a generic?
No. You can choose the more expensive product, but you then pay a 40% retention fee on its cost. If the doctor demonstrably prescribes the original for medical reasons, the retention fee stays at 10%.
How can I tell whether a medicine has a 40% retention fee?
The FOPH’s List of Pharmaceutical Specialties shows the applicable retention fee for every medicine. Doctors and pharmacies must inform you if your medicine has a retention fee of more than 10%.
Related terms
- MedicinesBasic health insurance pays for medicines if a doctor prescribes them and they are on the FOPH’s List of Pharmaceutical Specialties, at most at the price set there. You pay the deductible and a 10% retention fee, or 40% for expensive original products with cheaper alternatives. You pay for medicines not on the list yourself or through supplementary insurance.
- List of Pharmaceutical Specialties (SL)The List of Pharmaceutical Specialties (SL, Spezialitätenliste) is the Federal Office of Public Health’s list of all medicines paid for by basic health insurance, together with their maximum prices. A medicine is only added if Swissmedic has authorised it and it is effective, appropriate and cost-effective. As a rule, basic health insurance does not pay for anything that is not on the SL.
- Retention feeThe retention fee (Selbstbehalt) is your 10% share of the costs in basic health insurance that exceed your deductible. Adults pay at most CHF 700 in retention fees per calendar year, children at most CHF 350. For expensive medicines for which cheaper ones with the same active ingredient exist, it is 40%.
- Reference pricing systemA reference pricing system sets a maximum price that the health insurer reimburses for medicines with the same active ingredient; if you want a more expensive product, you pay the difference yourself. The Federal Council proposed it in 2019, and Parliament rejected it. Instead, a 40 % retention fee now applies to overpriced products.
- Medicine pricesIn basic health insurance, medicine prices are maximum prices that the FOPH sets in the List of Pharmaceutical Specialties. The retail price consists of the ex-factory price, the distribution share and VAT. For a prescription-only medicine with an ex-factory price under CHF 4,721, a distribution share of 6% plus CHF 16 per pack is added. The FOPH reviews every price every three years.
- SwissmedicSwissmedic, the Swiss Agency for Therapeutic Products, is the federal authority that authorises and supervises medicines and medical devices. A medicine may only be sold in Switzerland if Swissmedic has authorised it. Whether health insurance pays for it, however, is decided not by Swissmedic but by the FOPH with the List of Pharmaceutical Specialties.
Sources
- Health Care Benefits Ordinance (KLV), Art. 38a, current version (German; the English version on fedlex dates from 2022 and predates the version in force since 01.01.2024)Art. 38a KLVfedlex.admin.ch
- Federal Health Insurance Act (KVG), Art. 52aArt. 52a KVGfedlex.admin.ch
- Health Insurance Ordinance (KVV), Art. 65c, current version (German; the English version on fedlex dates from 2021)Art. 65c KVVfedlex.admin.ch
- Health Insurance Ordinance (KVV), Art. 104a, current version (German; the English version on fedlex dates from 2021)Art. 104a KVVfedlex.admin.ch
- Therapeutic Products Act (TPA), Art. 9Art. 9 TPAfedlex.admin.ch
- FOPH, List of Pharmaceutical Specialties (SL)spezialitaetenliste.ch
