Bolsonaro sanctions law ending tax role of ANS – 09/21/2022 – Daily

President Jair Bolsonaro (PL) sanctioned this Wednesday (21) the invoice that obliges well being plans to pay for remedies that aren’t on the principle reference checklist of the ANS (National Supplementary Health Agency).

The proposal ends the so-referred to as tax role of the ANO. In doing so, it reinstates the pattern checklist and specifies that the company’s checklist of procedures is barely a reference for well being plans — and doesn’t imply that the objects contained within the doc are the one ones that must be lined.

Therefore, beneficiaries of the plans can request protection of remedies that aren’t listed. It is barely vital that there be scientific proof or that the therapy is acknowledged by a international company.

In late August, the National Congress completed processing the invoice ending the tax role of the ANS. The legislative initiative got here in response to a STJ (Supreme Court) ruling that decided that well being plans wouldn’t be required to cowl remedies exterior the company’s checklist.

The complementary well being sector was already ready for the president’s sanction, because it was believed to be a political resolution and any veto would trigger quite a bit of publicity two weeks earlier than the election. In latest weeks, Minister Marcelo Queiroga (Health) has already informed his interlocutors that he is not going to suggest the CEO’s veto.

Position represents a change within the posture of the folder’s proprietor. In a Senate debate session forward of the vote, Queiroga criticized the invoice, saying approval would have a serious impression on the sector.

“In apply, particular person plans, group plans, membership plans are not provided. So if you select to have extra procedures, extra medicine on the checklist, prices are actually related to be handed on to the beneficiaries. And some of them will be unable to afford to cowl these prices. This is the truth,” stated the minister.

“It was a lot simpler for me to come back right here and defend an exemplary and broad checklist, however it’s as much as the well being minister to alert the senators who can be analyzing this proposal, what are essentially the most applicable methods to make sure well being not solely by proper of all and obligation of the state, but additionally throughout the scope of personal well being plans,” he added.

Queiroga additionally questioned the truth that many medicine thought-about novelties “do not even serve to throw within the trash.”

The rapporteur of the proposal within the Senate, Romário (PL-RJ), celebrated on his social networks the approval of the invoice.

“This means hundreds of thousands of folks’s remedies, therapies and medicines will as soon as once more be paid for by their well being plans.” This is a victory for LIFE!” the parliamentarian wrote.

“We had been blackmailed and threatened, however life is a non-negotiable proper. We did it!!! Always rely on me!” he added.

The invoice additionally amends the law that offers with well being plans – the Plans Act – to specify that carriers are topic to the Consumer Protection Code, which isn’t the case at the moment.

The General Secretariat of the Presidency didn’t say whether or not it had vetoed the proposal by the point this report was printed. The act have to be promulgated within the State Gazette of the Union.


In a notice, Abramge (Brazilian Association of Health Plans) criticized the sanction, stated the law may lead the sector to break down and regretted the “lack of a deeper technical debate on the topic”.

“[A lei] obligates well being plans to cowl therapies, procedures and medicines that haven’t been included in any nation on the earth, which can result in severe dangers for affected person security and may lead the Brazilian personal and public well being sector to a systemic collapse,” it stated the notice.

“Since the law was handed, well being plans in Brazil must present or cowl therapies, procedures and medicines with none proof of security of their use; and which aren’t included in any nation on the earth – which can go away Brazilians uncovered to severe social safety dangers,” provides Abramge. “We are exposing the danger that medicine and different applied sciences can be examined for the primary time on well being plan beneficiaries.”


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