Health plans can no longer limit the service
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The warning is for those who signed up before 1999, when the plans could limit the value of treatment. Now that the Superior Court of Justice prohibited the restriction, it's time to negotiate.
A court decision will help those who have health plans early. A company was forbidden to set limits for spending on admissions. The claim is repeated in other companies.
Justice has been evaluating each case. The Superior Court of Justice had established as abusive clause in the contract that limited the length of stay. But as yet there is a general rule, owners of old contracts, those signed before 99, they will automatically be benefited. See what consumers should do when you get hurt.
Old clients may be disadvantaged. The warning is for those who signed up before 1999, when health plans could limit the value of treatment. Now that the Superior Court has prohibited this restriction, it is time to take the contracts of the drawer and negotiate. This is what the entrepreneur Ademir Gudrin will do.
"It's a sense of justice and that we go to have equal rights. I, who have a health plan earlier, I think it should be treated a little differently. On the contrary. We were punished for older plans, "praises Ademir Gudrin.
According to the National Agency for Supplementary Health, the first step is to seek the operator. You may need to pay an amount more to adapt the contract. To see if the charge is unfair, just compare with other health plans.
"If it is not reasonable, he should seek the Procon, the NSA and also the possibility of portability of health insurance, get another operator where it might make this migration," advises the President of Procon Ricardo Pires.
If the negotiation with the plan fails, the client can go to court. Today, more than 11 million people with old contracts. But no point in thinking about collective action. Each health plan has a different constraint. Then, the cases must be judged one by one.
But the Superior Court of Justice already provides many actions requiring changes in contracts or compensation. The output may be a summing up, or direct all courts in Brazil to follow the same decision: to gain because consumers want the plan to limit treatment.
"In addition to eliminating disputes because the parties already know what the final destination, of course, that it speeds and simplifies substantially the course of action," notes Minister STJ Aldir Passarinho.
A named insured with the old plan may, when you want to adjust his contract to the current legislation, which prohibits any restriction on time, value of treatment or hospitalization. The problem is the cost. The plan value is higher.
Source: Bom Dia Brazil
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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