Clipping of news on Brazilian Culture, Law and Citizenship
01.26.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Deleting coverage puts the consumer at a disadvantage.
Law Judge of the 2nd Civil rod SP, upheld the civil action, declaring the contractual clause which excludes treatment coverage in home care regime contained in the health carrier contracts Prevent Senior zero.
individual plan x collective level
According to the lawsuit filed by the MP, through the Prosecutor's Office of Human Rights, the Elderly area, proposed in July 2014, the Prevent Senior sells health plans that exclude the provision of home care services.
Upon receipt of complaint against the company, reporting practice, the MP proposed the signing of a Conduct Adjustment Agreement, which was not accepted by the operator.
For the magistrate to exclude coverage is void, as it puts the consumer at a disadvantage exaggerated, since it restricts fundamental rights to contract nature, such as to threaten its object or contractual balance.
"Having contractual coverage for the evil that affects the patient, is not given to the operator to refuse treatment coverage when prescribed by a physician and outside the strict cases where the law expressly authorizes the exclusion of coverage."
Procedure: 1062856-86.2014.8.26.0100
Source: JusBrasil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.