Bill does not end the war between consumers and health plans

Sophia Bernardes


Even after the approval of the invoice that repeals the so-called “tax position” for health plan protection (PL 2033/2022) by the National Congress on August 29, there’s nonetheless a dispute between consumers and carriers.

According to the textual content, plans might be required to fund remedies which might be not on the listing maintained by the National Supplemental Health Agency (ANS). Congress opposed the place of the Supreme Court of Justice (STJ), which understands that health is important just for protecting procedures expressly offered for in the ANS listing.

The List of Health Procedures and Events is the listing of consultations, examinations, therapies and operations that represent obligatory protection for regulated health plans entered into after January 2, 1999. The listing comprises greater than 3,300 gadgets that correspond to all illnesses labeled by the World Health Organization group (WHO) and might be consulted on the ANS web site.

Health operators, for his or her half, argue that the penalties embrace a discount in the provide of plans and an overburdening of the Unified Health System. Health care legal professional Bruna Manfrenati explains how carriers could possibly be affected if the invoice is sanctioned.

“This may have a major influence as the obligation to pay for procedures exterior the ANS listing will improve the threat of the contract. This will result in a rise in month-to-month charges, which may mechanically generate the exclusion of a bunch of beneficiaries from the supplementary health system, can result in the chapter of small health plans which have in style costs. This will depart solely the market giants who’re capable of take up the uncertainty of the financial impacts brought on by PL”.

However, Bruna Manfrenati defends the legislation to be sanctioned by the President of the Republic. “I perceive that the choice by Congress was very constructive for consumers, as it’s going to present larger certainty to beneficiaries of health plans, who will not have to maneuver the equipment of the judiciary to have their proper to health assured,” he said .

For Rodrigo Araujo, additionally a lawyer specialised in health care, the STJ’s choice contradicts the rights of consumers, infringing points of the basic rights and obligations of operators. “It is not possible to take care of the exhaustive listing of procedures established by the STJ, as a result of every case submitted to judicial evaluation has its individualities, which make it many occasions distinctive,” he explains.

Araújo additionally factors out that even the exceptions offered by the STJ to the rule are nonetheless inadequate to ensure the proper of consumers to health plans. “Reversing the STJ choice by way of the judiciary itself would result in a for much longer dialogue and countless debates, placing the shopper at an exaggerated drawback for a very long time.”

For the lawyer, it’s even as much as the legislature to intervene. “Only a brand new legislation will be capable of stability these relations,” he commented. Rodrigo says the position of the judiciary is now to evaluate and resolve conflicts which will come up because of violating the new rule.

Also a specialist in health legislation, lawyer Maria Emilia Florim emphasizes that even after the adoption of the invoice, the discussions will not end.

“Health plans will solely be required to pay for a remedy not on the ANS listing, offered the remedy has scientifically confirmed effectiveness; really useful by the National Commission for the inclusion of applied sciences in the unified healthcare system; and really useful by a minimum of one internationally acknowledged health expertise evaluation physique,” he factors out.

Rogério Sacarebel, former ANS president and lawyer, opposes PL. “The situation has a central query of health, good health, well timed supply and high quality, however we can’t transfer away from the fundamentals of supplementary health, which is the definition of its worth by publicity to threat, whether or not the threat of doable injury to health from the lack of delay or inaccuracy of remedy, or from not realizing the quantity of the invoice that can come at the end of the month,” he factors out.

He additionally provides that on this context, he believes that there might be extra consolidation in the market, which is able to considerably cut back competitors. “More lapses in care and compromise of healthcare skilled autonomy, as a consequence of the ensuing contractual limitation of protection, along with growing the entry of low-quality, low-benefit medicine,” he says.

Lawyer Bruna Manfrenati highlights the advantages for purchasers of the choice. “For consumers, the invoice will lower purple tape to entry the important therapies they so desperately want, by not having to go to the courts to get remedies that have already got confirmed security and approval from nationwide and worldwide authorities, comparable to a liver transplant, an insulin pump for diabetics, a Clexane drug for pregnant girls recognized with thrombophilia, a cannabidiol-based drug,” he illustrates.

Talitha Menezes, 27, is certainly one of the beneficiaries if the challenge is sanctioned. In 2020, the micro-businesswoman underwent bariatric surgical procedure, a surgical process to scale back the abdomen of individuals with a excessive diploma of weight problems. Due to weight reduction, he was left with extra pores and skin on varied elements of his physique. However, the ANS listing solely contains abdominoplasty, pores and skin removing surgical procedure, and tummy tuck as a restore.

“According to the evaluation of the plastic surgeon, I’ve to do two extra operations, the one on the arm (brachioplasty) and the one on the chest (mastopexy with out prosthesis). Mandatory procedures to be coated,” he mentioned. Talitha says that with out the plan’s protection, she can’t carry out the surgical procedures, which value about R$40,000.

“With the choice to reinstate the listing as exemplary, I will request these procedures once more from the health plan, and in the occasion of a denial, I will file a lawsuit to have the plan carry out the procedures as a result of they’re reparative in nature,” he factors out.

In a observe, the ANS took a place opposite to the PL, informing that the protection assure, which is not offered for in the listing, does not consider a number of standards evaluated throughout the means of inclusion of health applied sciences, comparable to: security, efficacy, accuracy, effectivity, cost-effectiveness and budgetary influence, along with the availability of a service community and the approval {of professional} recommendation concerning its use.

“It is necessary to make clear that the listing assessment course of carried out by the ANS will not be modified. The company will proceed to obtain and analyze proposals for inclusion by way of FormRol on an ongoing foundation, and inclusions could happen at any time,” the memo mentioned.

Also in keeping with the ANS, the assessment course of, which took two years to finish, presently has a assessment interval of at most 9 months. Cancer remedy applied sciences have a length of 4 to 6 months. And these applied sciences which have already been authorised for inclusion in the SUS are topic to evaluation by the ANS after a most of two months.

The former president of the Scarabel company defends the place of the ANS. “We must refine the analyses, present sources, prepare, advance the adoption of measures with extra goal and clear standards for the public, and not cease with the analyses,” he factors out.

For him, the approval of the PL “might be an enormous impediment”.

“We are towards the world, the company already does the analyzes inside 180 days, dynamically, there isn’t any paralysis of the processes, solely in 2022, 27 applied sciences have already been carried out, there isn’t any comparable course of in the world, both by way of time or by way of numbers, a minimum of this it’s recognized to him”, says the former president of the ANS.

The Brazilian Consumer Protection Institute (Idec) celebrated the approval of the invoice and identified that the measure solves the issues brought on by the STJ choice. “The choice of the courtroom virtually made the questioning in courtroom not possible, the person needed to meet so many standards that it was virtually not possible to hold out the procedures, and the invoice reverses this case”, identified Ana Carolina Navarrete, coordinator of the Idec health program.

The entity is now awaiting PL sanction from President Jair Bolsonaro. “Idec celebrates the approval of the PL and hopes that the authorities has the sensitivity to sanction the textual content, with out a veto. The sanction is necessary in an effort to perform the remedies prescribed by the medical doctors, guaranteeing the person’s proper,” Ana Carolina identified.


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