Clipping of news on Brazilian Culture, Law and Citizenship
03/10/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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According to ANS, rules on termination of contract plans are valid for operators and contractors, not to users Photo: Reproduction
RIO - Judge Flavio Oliveira Lucas , the 18th Federal Court of Rio , upheld at first instance civil lawsuits Procon - RJ against the National Health Agency ( ANS ) , nullifying the sole paragraph of article 17 of Normative Resolution 195 / 2009 agency . With this, operators of private health plans can no longer require minimum contractual fidelity of one year from members, and are prevented from charging corresponding to two tuition fee if the customer wants to terminate the contract .
According to Procon - RJ , contractual clauses applied by operators of health plans are unfair and contrary to the Consumer Protection Code ( CDC ) and the Brazilian Constitution . The sentence was published on Friday in the Official Gazette , going to be worth it in the whole national territory. Also requires the NSA to be published in two newspapers of general circulation in four days interspersed , statement informing consumers about the court ruling .
- It is absurd that one is obliged to use a health plan that does not satisfy you. So trade is worth more than life - questioned the Secretary of State and Consumer Protection , Cidinha fields .
She adds:
- The most unfortunate is that this was not a vision of the owners of health plans , which was to be expected . The NSA , the agency that is supposed to defend the health of Brazilians , was actually taking care of the financial health of health plans .
balanced care
The ANS clarifies that the rules on termination of business plans or collective membership expressed in Article 17 of the Normative Resolution 195 contract are valid for operators of health plans and contracting entities . According to the agency , the recipient has every right to leave the health plan at any time , be it corporate collective, collective adhesion or individual / family .
The regulator said that the article is intended to protect the consumer , since identifying the increased demand for procedures and hospitalizations , which would increase costs , the operator could , at any time terminate the contract at the time of greatest need beneficiary.
ANS reports that has not been officially notified , but says that will appeal because of wrong about the standard understanding. The agency notes that the sentence does not have immediate effect
The Abramge , association representing operators of health plans , said the good market practices are part of their duties and that judicial decisions are enforced. " The model contract sanctioned by the NSA aims to ensure the sustainability of the private health system , which has as main objective , balanced care of all beneficiaries of health plans ," said the statement sent by the entity .
Read more about this in http://oglobo.globo.com/economia/defesa-do-consumidor/fidelidade-em-planos-de-saude-proibida-pela-justica-11817326#ixzz2vZL8LMcg
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This article was translated by an automatic translation system, and was therefore not reviewed by people.