Clipping of news on Brazilian Culture, Law and Citizenship
03/03/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Patient lost a chemotherapy session Photo: Carlos Ivan / The Globe
Upon arriving for another session of chemotherapy, a cancer patient was informed that the clinic had been descredenciada by the health plan. Not having been advised previously, only now in the examination site, the consumer, who lives in Paraná, will receive R$ 7000 in compensation for moral damages of Unimed. The decision is the Superior Court of Justice (STJ).
Unimed appealed, but this was denied by the Third Chamber of the Supreme Court. The company also claimed that, according to Law 9,656 / 88 (Law of Health Plans), the insurance providers are required to report to beneficiaries only the accreditation of hospital authorities, not medical clinics. Said the hospital entity concept can not have extensive interpretation.
However, the rapporteur of the appeal, Minister Villas Boas Cueva, said plans and private health insurance are governed by Law 9656 and the Consumer Protection Code (CDC), for providing paid services to the population, fitting the provider concept.
He explained that although Article 17 of the Health Insurance Act cite "hospital authority", this term, in the light of the principles governing the Consumer Law, shall be a genre that also includes medical clinics, laboratories, medical and other health plan.
Source: Extra
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This article was translated by an automatic translation system, and was therefore not reviewed by people.