Clipping of news on Brazilian Culture, Law and Citizenship
10/10/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
For Superior Court , monitoring the security of customer service should be maintained without changes
Court decision resumes suspended marketing for new clients 246 plans 26 operators
FenaSaúde says he is considering the possibility of using
Andre Longo is CEO of ANS Photo : Hudson Bridges / Bridges Hudson
RIO - The National Health Agency (ANS) announced on Wednesday that obtained in the Superior Court of Justice ( STJ ) , in Brasilia , authorization for the resumption of the suspended sale of health plans that violate the laws and contracts with consumers. Minister STJ Felix Fischer found that the monitoring of the security service , which results in the suspension should be kept the way it is done for a year and a half, the extent of public interest . With this, 246 plans from 26 carriers again have the marketing down by ANS .
Check out the plans suspended
According to ANS , the decision overrules injunctions of the Federal Regional Courts of the 2nd Region ( Rio de Janeiro ) and the 3rd Region ( São Paulo ) , who questioned in recent months monitoring of regulatory and suspensions . To evaluate the health plans , the NSA uses complaints about noncompliance with deadlines for consultations , exams and surgeries , and negative undue care coverage to consumers . Each monitoring cycle lasts three months and , in cases of recurrence of irregularities , suspensions are applied .
The decision from the Supreme Court believes that the resumption of monitoring safeguards to protect health and public order.
" The court restores powers of the NSA to perform the monitoring of the security service , as a form of consumer protection . The agency remains committed to the regulation of private health care , "he said in a statement the CEO of ANS , Andrew Long . " We announce also that we are constituting the Technical Monitoring of Warranty Service for the purpose of continuous improvement of our methodology . "
The new group 's technical monitoring warranty service will be made immediately with the NSA technicians , representatives of each entity representing operators of health plans and consumer protection .
Sought for comment on the ruling , the National Federation of Health Insurance ( FenaSaúde ) merely say , through notes , studying, on the body of the legal entity , the possibility of using in an attempt to reverse the decision .
Joana Cruz , lawyer of the Brazilian Consumer Defense ( IDEC ) , considers the important measure , but points out that it takes more in terms of supervision .
- This small step is better than nothing ANS . Surveillance should be less passive , not be based only on what is recorded in the ANS . Hardly anyone knows the ANS . There should be coordination with Procon and public defenders, for example, to have access to other demands that do not reach the regulator - said Joanna .
The lawyer regrets , however , the legalization of the theme by the operators since it is a preventive measure of ANS , in order to ensure that customers are not harmed .
- The suspension of monitoring harms consumers .
Warranty claims service sextuplicam
In the sixth and last monitoring cycle warranty service , announced on August 20 and for the period between March 19 and June 18 , had been suspended the sale of 212 health plans from 21 carriers . To these were joined by 34 other plans five operators that were already suspended sales from the previous cycle and not remedied the problems of care.
From March to June , the NSA received 17,417 complaints about warranty service , a figure six times higher than in the first cycle , the first quarter of last year , when the action began . Suspensions protect 4.7 million beneficiaries , or 9.7 % of the country under medical care .
According to ANS , the monitoring of the security service is a preventative measure , before the application of more stringent measures . Operators that do not meet the criteria warranty service defined by ANS are subject to fines ranging from U.S. $ 80,000 to U.S. $ 100,000 . In cases of recurrence , may have decreed the special technical direction , including the possibility of expulsion of their leaders .
In addition , since May , operators of health plans are required to present in writing , within 48 hours , the reason he denied authorization for any medical procedure , whenever the user requests . Each time you fail to provide the clause of the contract or legal provision that explains the negative are penalized for £ 30,000 . In 2012 , the negative coverage was the main complaint from users , accounting for 75.7 % of the 75,916 complaints received by the regulator.
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.