Key points at a glance
- Health questions only exist for supplementary insurance under the Insurance Contract Act (ICA), never in basic health insurance under the KVG.
- You must disclose all material facts that the insurer asks about in writing and that you know or should know (Art. 4 para. 1 ICA).
- If you conceal something, the insurer may terminate the contract within 4 weeks of finding out (Art. 6 para. 1 and 2 ICA).
- The insurer may reject your application or exclude illnesses with a reservation.
- You can withdraw an application within 14 days (Art. 2a ICA) and ask for a copy of your answers (Art. 11 para. 2 ICA).
What is a health questionnaire?
The health questionnaire is the part of the insurance application in which a health insurer asks about your state of health. Typical questions concern ongoing treatment, hospital stays, operations, medicines taken regularly, therapies, planned procedures or incapacity for work. Your answers allow the insurer to assess how high its risk is and decide whether, and on what terms, it will insure you.
Health questions only exist for supplementary insurance, i.e. for contracts under the Insurance Contract Act (ICA). These include supplementary hospital insurance for the semi-private or private ward, supplementary outpatient insurance, dental insurance and often daily allowance insurance. These contracts are governed by private law: the insurer may choose whom it accepts.
Basic health insurance under the Federal Health Insurance Act (KVG) is different. Every insurer must accept every person required to take out insurance in its area of operation, without a health check. The membership form may only contain information that is needed to join and may not create any link to supplementary insurance. So if you switch basic health insurance, you never have to answer health questions. You can compare basic health insurance in the premium calculator.
How it works
The process is similar at all insurers:
- Fill in the application. You answer the questions in the application form, on paper or online. The questions must be asked in writing or in a form that allows proof by text, and the same applies to your answers.
- Review by the insurer. The insurer evaluates your answers. If anything is unclear, it asks follow-up questions, requests medical reports or asks you to release doctors from their duty of confidentiality.
- Decision. The insurer accepts you on normal terms, imposes a reservation (a specific illness is then not insured), offers other terms or rejects the application.
- Policy. If you are accepted, you receive the insurance policy. Your answers form part of the contract.
The standard that applies is important: you must disclose all facts that are material for assessing the risk and that you know or should know. Something you forgot although you should have known it also counts. Facts that the insurer asks about in a specific, unambiguous way are deemed material. So a minor matter you consider unimportant must be disclosed if the question covers it.
If an intermediary fills in the form with you, you are still responsible for the answers. Read the whole form before you sign and correct any mistakes.
Legal basis
The law calls the duty to answer health questions correctly the duty of disclosure. Art. 4 para. 1 ICA obliges you to tell the insurer, on the basis of a questionnaire or other questions, all material facts relating to the risk, insofar as you know or should know them. Art. 4 para. 2 ICA defines material: these are facts that may influence the insurer’s decision to conclude the contract at all or on these terms. Under Art. 4 para. 3 ICA, facts about which a specific and unambiguous question is asked are deemed material.
The consequences of an incorrect or missing answer are governed by Art. 6 ICA. The insurer may terminate the contract; this right lapses 4 weeks after it found out about the breach. If the contract is terminated, the obligation to pay benefits lapses for claims whose occurrence or extent was influenced by the concealed fact, and the insurer can reclaim benefits already paid. Art. 8 ICA lists cases in which it may nevertheless not terminate, for example if it knew the fact or itself caused the incorrect information. More on this under breach of the duty of disclosure.
Two further articles help you: under Art. 2a ICA, you can withdraw your application within 14 days. Under Art. 11 para. 2 ICA, the insurer must give you a copy of the statements in your application on request.
For basic health insurance, Art. 5 let. i of the Health Insurance Supervision Act (KVAG) applies: insurers must accept every person required to take out insurance in their local area of operation. Art. 6a of the Health Insurance Ordinance (KVV) limits the membership form to the information needed to join.
Example: a forgotten course of physiotherapy
Lea, 41, applies for supplementary outpatient insurance. The application asks: “Have you been under medical or therapeutic treatment in the last five years?” Lea ticks “No”. She has forgotten that she had nine sessions of physiotherapy three years ago.
| Point in time | What happens |
|---|---|
| Application | Lea answers no; the insurer accepts her without a reservation. |
| Two years later | Lea submits invoices for new physiotherapy for the same complaint. The insurer requests records and sees the earlier therapy. |
| Within 4 weeks of finding out | The insurer may terminate the supplementary insurance contract (Art. 6 para. 1 and 2 ICA). |
| After termination | The supplementary insurance pays nothing for the new physiotherapy and can reclaim benefits already paid for it (Art. 6 para. 3 ICA). |
What this means for you
Take your time with the application. These steps will help:
- Have your documents ready. Your insurer’s statements of benefits show which doctors, therapies and medicines were billed in recent years. In your account, you can collect invoices and have them to hand for your next application.
- Read every question word for word. Pay attention to the period and to whether the question asks about treatment, symptoms or diagnoses.
- If in doubt, disclose. An extra piece of information harms you less than a missing one. The insurer then decides whether it is relevant.
- Keep a copy. Ask for a copy of your answers if you do not receive one.
- Do not cancel your old supplementary insurance too early. Only cancel once the new insurer has accepted you in writing. Otherwise, if you are rejected, you are left without cover.
You can see the benefits of the individual insurers’ supplementary insurance in the supplementary insurance comparison. You will find the insurers themselves in the overview of health insurers. With a new contract, also bear in mind a possible waiting period.
Common mistakes
- Rushing through the application. If you tick “No” without thinking, you risk termination later, exactly when you need benefits.
- Leaving out minor matters. Short courses of treatment also fall under the question if its wording covers them.
- Relying on the intermediary. The responsibility for the answers remains with you, even if someone else fills in the form.
- Confusing it with basic health insurance. If you only switch basic health insurance, you do not have to answer any health questions. A form with health questions always concerns supplementary insurance.
- Cancelling your existing supplementary insurance too soon. Without written acceptance by the new insurer, this is a risk you can no longer undo.
We explain how we use data and sources under how we calculate.
Frequently asked questions
Do I have to answer health questions for basic health insurance?
No. Every insurer must accept you for basic health insurance in its area of operation, no matter how healthy you are. The membership form may only ask for information that is needed to join.
What happens if I answer a health question incorrectly?
That is a breach of the duty of disclosure. The insurer may terminate the supplementary insurance contract within 4 weeks of finding out. For claims connected with the concealed fact, it can refuse benefits and reclaim benefits already paid.
How far back do I have to disclose illnesses?
As far back as the question in the application asks. Many forms ask about a specific period, such as the last few years. What counts is the wording of the question; if in doubt, disclose the fact.
Do I also have to disclose things I am not asked about?
The law requires information on the questions put to you in writing. If the insurer does not ask about something, it cannot accuse you of a breach of the duty of disclosure for not mentioning it. If you leave a question unanswered and the insurer concludes the contract anyway, it generally cannot terminate it later (Art. 8 no. 6 ICA).
Related terms
- Breach of the duty of disclosureA breach of the duty of disclosure occurs if you answer a health question incorrectly or conceal a material fact in your application for supplementary insurance. The insurer may then cancel the contract within 4 weeks of becoming aware of it and refuse benefits for the cases concerned (Art. 6 ICA). Basic health insurance is never affected.
- ReservationA reservation is an exclusion in the insurance contract: the insurer accepts you for supplementary insurance but does not pay for a specific illness or part of the body. Reservations only exist in supplementary insurance under the ICA and in daily allowance insurance, where they last a maximum of 5 years. They are prohibited in basic health insurance.
- Insurance applicationThe insurance application is your written declaration to a health insurer that you want to take out supplementary insurance. In it, you answer the health questionnaire. You are bound by the application for 14 days, or four weeks if a medical examination is required, and you can withdraw it within 14 days.
- Supplementary insuranceSupplementary insurance (Zusatzversicherung) is voluntary health insurance that pays for benefits beyond basic health insurance, such as the semi-private hospital ward, complementary medicine, glasses or dental treatment. It is governed by the Insurance Contract Act (ICA): the insurer may ask health questions, impose reservations and reject applications. Benefits and premiums are set out in the policy conditions and differ from product to product.
- Waiting periodA waiting period is a period after the start of a contract during which a supplementary insurance does not yet pay for certain benefits, even though you are already paying the premium. It is set out in the contract, not in the law; the policy conditions govern how long it lasts and which benefits it affects. Basic health insurance has no waiting period: it covers you from day one.
- Insurance Contract Act (ICA)The ICA (in German VVG) is the Federal Act of 2 April 1908 on Insurance Contracts. In health insurance, it governs all supplementary insurance, such as semi-private hospital cover, dental cover or complementary medicine. Unlike basic health insurance under the KVG, the insurer may ask health questions, add reservations and reject an application.
Sources
- Insurance Contract Act (ICA), Art. 4Art. 4 ICAfedlex.admin.ch
- Insurance Contract Act (ICA), Art. 6Art. 6 ICAfedlex.admin.ch
- Insurance Contract Act (ICA), Art. 8Art. 8 ICAfedlex.admin.ch
- Insurance Contract Act (ICA), Art. 2a and Art. 11Art. 2a and 11 ICAfedlex.admin.ch
- Health Insurance Supervision Act (KVAG), Art. 5Art. 5 let. i KVAGfedlex.admin.ch
- Health Insurance Ordinance (KVV), Art. 6aArt. 6a KVVfedlex.admin.ch
