MPF Opposes Health Plan’s Appeal Not to Apply Consumer Protection Code to Beneficiaries — Attorney General
Consumer and financial order
January 17, 2023 at 6:35 p.m
MPF Opposes Health Plan’s Appeal That Consumer Protection Code Not Apply to Beneficiaries
According to Deputy Attorney General Giuliano Baiocchi, there are STF rulings that foresee the unfold of the CDC in personal health-related issues
The Federal Prosecutor’s Office (MPF) dominated in opposition to the attraction filed by Vision Med Assistência Médica (International Health Assistance of the Golden Cross) in opposition to the judgment to get better funds to beneficiaries for the becoming of prostheses, orthoses and equipment. The firm additionally questions the justice’s understanding that it acted abusively by denying permission for coronary heart surgical procedure with prosthetics, orthoses and equipment. The debate revolves across the software of the Consumer Protection Code (CDC) to personal well being care relationships.
In the opinion of the Deputy Attorney General of the Republic Giuliano Baiocci, who indicators the opinion, there isn’t a means to settle for the request to take away the CDC software to the precise case. According to him, it’s inconceivable to adapt the analyzed query to the thesis signed by the Federal Supreme Court (STF) in Topic 123 of the General System of Reflection.
According to the thesis, based mostly on the Federal Constitution, the provisions of Law 9.656/1998 – which offers with personal well being and insurance policy – apply solely to contracts concluded after its entry into power, in addition to contracts that had been beforehand signed and tailored to its regime, the related provisions being inapplicable to beneficiaries who, exercising their autonomy, selected to preserve the previous plans unchanged.
In this sense, Baiocchi explains that within the choice of the choice of RE 948.634, attraction of the paradigm of matter 123, the opportunity of spreading the CDC in personal relations associated to well being care is acknowledged, particularly within the provisions that prohibit the presence of abusive clauses , as is the case with vehicles.
Full opinion in RE 1,413,881
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