Clipping of news on Brazilian Culture, Law and Citizenship
10/17/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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RIO - RJ - Procon two class actions filed with the Federal Court against the National Health Agency (ANS) as determined by the State Department of Consumer Protection and Defense . Asks one of the processes that the agency is required to ensure the maintenance and sale of individual health insurance plans and family . The second lawsuit seeks the immediate suspension of Article 17 of Normative Resolution 195/2009 . According to Procon - RJ , this article enables carriers selling health plans impose collective market unfair terms that contradict the Consumer Defense Code ( CDC ) and the Federal Constitution , such as fidelity contract of 12 months and charging two months early in case of termination request by the consumer .
In both situations, the Procon - RJ understands that the NSA , provided industry regulator , is omitted before his assignment to monitor the market and to curb distortions such as these, that harm consumers , will happen.
- Enough to embarrass the fact that the federal government not taking an attitude about this situation . I find this very suspicious attitude of ANS businesses benefit health plans - said the state secretary of the Consumer Cidinha Fields .
Plans are ' unworkable prices '
In action on health plans to individuals and families , whose case was filed last Friday , the 11th, the Procon - RJ understands that after the enactment of Law 9656/98 , which regulates health plans , the "big operators started discourage hiring through individual pricing impractical and no longer offer the service itself to that type of contract. "
Proof of this , according to the Procon - RJ is a survey released by the Brazilian Institute for Consumer Defense ( IDEC ) shows that in Brazil , there are currently 48 million consumers of health plans , 77% of which are linked to plans collective - the equivalent of 37 million people .
For this reason , in this action , the Procon - RJ snake ANS " stance on effective supervision of operators , in order to fine those who are refusing to provide individual and family plans ." Also, ask to be drawn daily fine of R $ 50 thousand due to the omission of performance of the regulator.
- The consumer protection agencies have done what they could. Now , it is the judiciary that needs a response. The NSA was not created to protect businesses - Cidinha said Campos.
In action relating to Article 17 of Normative Resolution , which takes place from October 9 at the 18th Federal Court of Rio , Procon - RJ seeks annulment final this device to allow consumers to cancel their contracts without paying fines or contractual any other unfair charges . Furthermore , it is also established daily fine of R $ 50,000 in the case of noncompliance with the determination of Justice .
The NSA said through a spokesperson , which so far has not been notified about lawsuits .
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This article was translated by an automatic translation system, and was therefore not reviewed by people.