Clipping of news on Brazilian Culture, Law and Citizenship
29/08/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Judicial decision creates controversy. Companies consider that emerged victorious
TRF and Fenasaúde consider injunction blocking the regulatory suspension still applies
Turnaround. CEO of ANS , Andre Longo, begins today 26 to notify operators that have health plans prohibited from marketing Photo : Guillermo Giansanti / Guillermo Giansanti/21-3-2013
The National Health Agency ( ANS ) starts today to notify operators of 26 health plans on the suspension , starting tomorrow , the marketing of 246 products had attendance problems or negative coverage to consumers . According to the CEO of ANS , Andre Longo, the decision was made after the Attorney General (AGU ) and a technical group of the agency review the judgment yesterday, the federal judge Aluisio Mendes , 5th Specialized Panel of the Regional Court Federal ( TRF ) of the 2nd Region .
SEE ALSO
Court denies injunction to ANS and maintains suspension prohibited health plans
ANS air strip list with 212 health plans suspended
ANS enters using the courts to maintain suspension of plans
Health plans : 6,550 complaints in six months
The ranking of the plans with the most complaints in Procon - SP
ANS will appeal court ruling that suspended the punishment health plans
The ruling yesterday was referring to a feature of the NSA against an injunction granted by the Federal Court on 20 August. On occasion , the court upheld application National Federation of Health Insurance ( Fenasaúde ) and prevented the suspension , ANS , 136 plans six operators ( Amil , Amico , Dix , Medial , SulAmérica and Excelsior ) , affiliated to the federation .
The Fenasaúde argued , the preliminary injunction obtained by the TRF , the ANS counted as negative points , to suspend plans , complaints from consumers who were still in care , ie , under review by the agency . The judge accepted this argument. Although the actual TRF and Fenasaúde have informed that the judgment yesterday kept the validity of the injunction , the ANS interpreted the decision differently. For the agency , the decision , the judge recognized that the lack of response can be considered as a negative point in the evaluation of care. And , according to the ANS , the lack of delivery of documents by operators in processes that are still under analysis can be considered a "no answer."
- The judge says that the claims that are the subject of care could only be accounted for in two cases of non-response and non-submission of supporting documentation . Of the 4,512 valid complaints of these 26 carriers , 916 were for diligence, the answer is no and no other documentation minimally consistent , allowing us to do the analysis , ie , there is an answer. On this view , we consider that the decision allows us to continue the suspension of the plans - said Longo .
In evaluating Guilherme Valdetaro, one of the lawyers Fenasaúde , the vision of the NSA about the decision yesterday Justice is mistaken . The federation informs Valdetaro analyzes appropriate action, if the agency implements the suspension :
- The matter of there being adequate documentation , in understanding the ANS can not be computed in accordance with the court decision . The judge rejected the argument total agency as presented . If the NSA maintains the suspension of plans , is violating a court order . We are studying appropriate measures, because the victory was undeniably the companies and the injunction is maintained - says the lawyer .
Source : The Globe - Online
Our news are taken in full from our partner sites . For this reason , we can not change the contents of the same even in cases of typos .
This article was translated by an automatic translation system, and was therefore not reviewed by people.