France scraps price freeze on top-up health insurance Decision by Conseil constitutionnel is a blow to consumers, says watchdog Holders of top-up health insurance (mutuelles) who were unhappy with 'illegal' tariff rises this year are now unlikely to be able to successfully contest these after a ruli…
France scraps price freeze on top-up health insurance Decision by Conseil constitutionnel is a blow to consumers, says watchdog Holders of top-up health insurance (mutuelles) who were unhappy with 'illegal' tariff rises this year are now unlikely to be able to successfully contest these after a ruling by France's top constitutional authority. The Conseil constitutionnel, which examines laws to check for clashes with the constitution, says a law passed as part of the 2026 social security finance law banning mutuelles from increasing tariffs this year was unconstitutional. Reportedly, the majority of insurers had already chosen to ignore the law this year, applying rises ranging from around 3% to as much as 10%, with retirees among the hardest hit. Accepting arguments put forward by organisations representing insurers, it ruled that the across-the-board tariff freeze voted by MPs for 2026 represented "a disproportionate attack on the freedom to carry out business" as well as on "contractual freedom". Its main argument was that in passing the law, parliament's original aim was to stop insurers passing on to clients the effects of a temporary tax on mutuelle providers in place for 2026. However, in banning all tariff increases for any reason, the law had gone too far, the Conseil said. The decision is effective immediately in cancelling the price freeze, including for situations that are going through a legal dispute but which had not been settled by the date of the ruling's publication, October 24. Mutuelles are supplementary health insurance that helps cover costs the public health insurance system, Assurance Maladie, does not pay. The ruling means that, in most cases, policyholders who have been attempting to contest rises this year are now unlikely to succeed, unless they can show that the increase breached the terms of their particular insurance contract. However, general rises, aimed at compensating factors like inflation, an ageing population, expensive new treatments, or reductions in state healthcare reimbursements for certain medicines or procedures cannot be contested on the grounds that a freeze was intended this year. Leading consumer organisation Que Choisir Ensemble, which had encouraged members of the public to write to their insurers with formal complaints if the freeze was not respected, has now withdrawn this advice. In April, the organisation surveyed 4,000 members with 98% reporting a rise in their premiums, averaging €106.21 per person. Retirees are usually among the groups most impacted by these price hikes since they do not receive employer contributions towards the cost of their mutuelles.
France scraps price freeze on top-up health insurance
The social security budget for 2027, currently going through parliament, proposes that the temporary tax of 2.05% on top-up healthcare premium income will be repeated again in 2027, raising over a billion euros. It does not propose a repeat of the premium freeze. Other pressures on insurers include four decrees recently published reducing the state's share of costs for dental care, some medicines, medical devices and medical transport, with most set to apply from January 1. Que Choisir Ensemble says that the sector has already predicted rises of around 6-8% next year.
