The bill does not end the battle between consumers and health plans

Sophia Bernardis


Even with the approval by the National Congress on August 29 of a bill overturning the so-called “taxation function” for health plan protection (PL 2033/2022), there may be nonetheless controversy between consumers and operators.

According to the textual content, plans might require therapies which are not on the checklist maintained by the National Supplementary Health Agency (ANS). Congress went towards the place of the Superior Court of Justice (STJ), which held that the health ANS was required to cowl solely these procedures expressly offered for in the checklist.

The List of Health Procedures and Events is a listing of consultations, examinations, therapies, and surgical procedures that represent necessary protection for regulated health plans contracted after January 2, 1999. The catalog incorporates greater than 3,300 gadgets that cowl all the ailments labeled by the world. Health Organization (WHO), and ANS web sites might be consulted.

Health operators, in flip, declare that the penalties embody a discount in the provide of plans and an overload of the unified health system. Health professional lawyer Bruna Manfranatti explains how operators may very well be affected if the bill is accredited.

“It can have a major impression as a result of the obligation to pay for procedures outdoors the ANS checklist will enhance the contractual threat. This will result in a rise in month-to-month charges, which can routinely exclude a bunch of beneficiaries from the supplementary health system. , the chapter of small health plans with fashionable costs. might trigger. Thus, solely market giants will stay, who can assume the uncertainty of the financial results brought on by PL”.

However, Bruna Manfranatti defends that the regulation might be accredited by the President of the Republic. “I perceive that the resolution of the Congress was very constructive for the consumers, as it would give extra safety to the health plan beneficiaries who will not have to maneuver the equipment of the judiciary to get their health assured”, he identified.

For Rodrigo Araujo, additionally a lawyer specializing in health, the STJ’s resolution was towards shopper rights, undermining features of operators’ normal rights and tasks. “It is not possible to keep up an exhaustive checklist of procedures established by the STJ, as a result of every case submitted for the evaluation of the energy of the judiciary has its persona which frequently makes it distinctive”, he explains.

Araujo additionally factors out that even the exceptions granted by the STJ to the rule are nonetheless inadequate to ensure the rights of customers of health plans. “Replacing the STJ’s resolution by the judiciary itself will result in extra protracted debates and limitless debates, placing the shopper at an exaggerated drawback for a very long time”.

For the lawyer, it was as much as the Legislature to intervene. “Only a brand new regulation will be capable to rebalance this relationship”, he feedback. Rodrigo says the function of the judiciary is now to guage and resolve disputes arising on account of violations of the new rule.

Also, lawyer Maria Emilia Florim, an professional on health regulation, highlights that, even after the passage of the bill, the debates will not end.

“Health plans will solely be required to pay for therapies not on the ANS checklist, offered the remedy has scientifically confirmed efficacy; is really useful by the National Commission for Incorporation of Technology into the Unified Health System; and is really useful by at the least one. An internationally famend Health Technology Assessment Institute”, he factors out.

Former president of the ANS and lawyer, Rogerio Sacarebel goes towards the PL. “The central situation is health, good health, well timed supply and high quality, however we can’t transfer away from the basis of complementary health, which is the definition of its worth by publicity to threat, whether or not threat resulting from attainable hurt. To health, waste in delay or inaccuracy in remedy or months Not figuring out the measurement of the bill that can ultimately come”, he factors out.

He additionally provides that, on this regard, he believes that there might be additional consolidation of the market, considerably decreasing competitors. “Increased care intervals and compromise of health skilled autonomy, resulting from ensuing contractual limitations of protection, along with elevated entry to low-quality and low-benefit medication”, he says.

Lawyer Bruna Manfranatti outlines the advantages for shoppers with the resolution. “For consumers, the bill will scale back the forms of accessing the primary remedy they want, not needing to go to the judiciary to get therapies which have already been confirmed secure and accredited by each nationwide and worldwide our bodies, corresponding to liver transplantation. Insulin pumps for diabetics , Clexane, a cannabidiol-based drug for pregnant girls identified with thrombophilia”, he exemplifies.

Thalita Menezes, 27, is considered one of the beneficiaries if the venture is accredited. In 2020, the micro-business lady underwent bariatric surgical procedure, a surgical process to cut back the stomach for individuals with a excessive diploma of weight problems. Due to weight reduction, extra pores and skin was left on varied components of her physique. However, the ANS checklist solely contains abdominoplasty, pores and skin removing surgical procedure, and tummy tucks.

“According to the evaluation of the plastic surgeon, I must do two extra repairs, one for the arms (brachioplasty) and one for the breasts (mastopexy with out prosthesis). The necessary procedures must be coated”, he mentioned. Thalita says that with out the plan’s protection, she can’t carry out the surgical procedures, which value about R$40,000.

“With the itemizing resolution being exemplary, I can re-request these procedures from the health plan and in case of denial, I can file a declare for the plan to hold out the procedures as a result of they’re. Adverse in nature”, factors.

In a notice, the ANS took the reverse place of the PL, and knowledgeable that the checklist does not present a assure of protection as a result of it fails to keep in mind a number of standards evaluated throughout the technique of inclusion of health applied sciences, corresponding to: security, efficacy, accuracy, effectiveness, value -In addition to approval by skilled councils concerning effectivity and budgetary impression, service community availability and utilization.

“It is essential to make clear that there might be no change to the itemizing overview course of undertaken by the ANS. The company will proceed to obtain and analyze proposals for inclusion by means of Formroll, which can embody incorporation at any time,” the notice mentioned. is

Also based on ANS, at current, the overview course of, which used to take two years to finish, at present has a overview interval of, at most, 9 months. The period of expertise for most cancers remedy is 4 to 6 months. And these applied sciences which have already been accredited for inclusion in SUS bear evaluation by ANS in a most of two months.

Scarbell, a former company president, defends the ANS’s place. “We want to enhance evaluation, present sources, present coaching, transfer ahead in adopting measures with extra goal and clear standards for society and do not end with analyses”, he factors out.

For him, the approval of the PL “might be a giant shock”.

“We are towards the world, the company already analyzes inside 180 days, dynamically, there is no such thing as a paralysis of the processes, solely in the yr 2022, 27 applied sciences have already been included, there is no such thing as a comparable course of. The world, both by way of time Or by way of numbers, at the least he’s conscious of it”, declares the former president of ANS.

The Brazilian Institute for Consumer Protection (IDEC) celebrated the approval of the bill and identified that the measure addresses the issues brought on by the STJ’s resolution. “The court docket resolution virtually made questioning in court docket not possible, the shopper needed to meet so many standards that it was virtually not possible to hold out the procedures, and the bill reverses this example”, identified Ana Carolina Navarrete, coordinator of Idec Health. program

The entity is now awaiting PL approval by President Jair Bolsonaro. “Idec celebrates the approval of the PL and hopes that the authorities has the sensitivity to approve the textual content, and not using a veto. Approval is essential in order that the remedy prescribed by docs is carried out, guaranteeing the proper of the shopper”, identified Ana Carolina.


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