Clipping of news on Brazilian Culture, Law and Citizenship
09.30.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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To Attorney, lack of regulation has reduced the supply of individual plans, which have adjustments controlled by ANS
Individual health plan are in the crosshairs of federal prosecutors
The Federal Public Ministry (MPF) asks the National Health Agency (ANS) which regulates individual health plans once you understand that the lack of regulation has reduced the supply of this type of service. Individual readjustments are determined by ANS as the group plans its annual perform corrections in tuition without the interference of the regulatory agency, getting much above inflation, as shown by survey Idec.
The opinion states that this type of conduct of business allows the concentration in the hands of two operators, leading to price manipulation and arbitrary increase of profits.
The Regional Prosecutor's Office of the 2nd Region (PRR2) made a technical opinion in which it called the reform a state sentence of Rio de Janeiro that dismissed a lawsuit brought by Procon by the ANS omission. Second regional prosecutor, just Unimed-Rio and So Health currently provide individual plans in the state.
According to a survey of the MPF in December 2000, the percentage of corporate segment reached 66.68% and the individual came to 33.32%. Back in December 2012, the percentage of collective reached 78.94% against 21.06% of the individual. Individual plans cost almost twice as many group policies, which are not subject to regulation by the ANS, may soon be unilateral termination by operator, free increase in fees, hiring of refusal and unilateral reduction of coverage.
According to Procon, even before the health plan operators fail to provide individual hiring, instructing brokers not to commercialize this type of contract, pay low commissions or even failed to pay them.
The 22nd Federal Court dismissed the action because the market still offers individual plans. According to the regional prosecutor of John Mark Marcondes Republic, such a decision "is neglecting the economic consequences that the ANS omission can and is causing, and the protection that the Constitution requires to be done in favor of the consumer and economic order."
The Procon was also sentenced to pay attorney's fees, but the MPF requested a review of the conviction on the grounds that the relationship between health plan operators and users is consumption and should be governed by the Consumer Protection Code. According to the Consumer Protection Code, a sentence for payment of fees should only be applied in the event of bad faith.
Source: IG
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This article was translated by an automatic translation system, and was therefore not reviewed by people.