Clipping of news on Brazilian Culture, Law and Citizenship
28/11/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Nielmar de Oliveira
Brazil Agency reporter
Rio de Janeiro - The National Health Agency (ANS) has accepted the recommendation of the Federal Public Ministry (MPF) for operators to of health plans will restore twice the value unduly charged of customers so that processes generated from customer complaints are filed.
With this modified ANS Normative Resolution No. 48/2003 , which was at odds with the Consumer Protection Code ( CDC ) . Thus , consumers harmed by unauthorized charges by health insurance companies will be compensated in accordance with the Code of Consumer Protection , even during the investigation of a complaint made to the agency .
The change was made in response to the recommendation of the prosecutor Márcio Lima Bar . Before recommending the MPF , the NSA believed that the performance of the obligation was given by simply returning the amount charged improperly , failing to observe what determines the Code of Consumer Protection .
In an interview with Brazil Agency , the National Federation of Health Insurance ( FenaSaúde ) , to accept the recommendation of federal prosecutors - and establish that any misconception charge is refunded double the beneficiary health plan for the conduct of the operator be considered as Voluntary Repair and Effective - says that the NSA " omitted exceptions provided for in the Code itself the Consumer Protection ( CDC ) , which provides that no incidence of return doubled in cases of justifiable error " .
The FenaSaúde explains that according pacified understanding in the courts , the obligation to pay double arises only in cases where the consumer has made the payment of the undue sum and if situations of intent ( bad faith ) or fault in the conduct of the supplier. " Such understanding is ignored by the current Normative Resolution , which states pay double without any investigation of the conditions for recovery ," says .
The federation says it I forward the letter on the last day ANS 1 November requesting a review of the new standard and expects returns of the regulator .
Source : Brazil Agency
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This article was translated by an automatic translation system, and was therefore not reviewed by people.