TJ Suspends Health Plan Exchange for Seduc-AM Servers
The Court of the State of Amazonas (TJ-AM) issued this Thursday (12) an order to droop the trade of the corporate Hapvida from Samel because the supplier of the well being plan of greater than 30 thousand workers of the Secretary of State Education of Amazonas (Seduc).
The determination was signed by Judge José Hamilton Saraiva dos Santos and reached two decrees, GS No. 1.304/2022, which unilaterally terminated the contract with the corporate Hapvida, and GS 015 of January 5, 2023, which concluded Samel with out bidding and for one other 12 million R$ for offering the identical service.
The decide accepted the accusations of Hapvida, who went to courtroom towards the breach of contract, contemplating it one-sided. In the order, he argued that the corporate had not been notified to file closing expenses within the administrative course of that led to the breach of contract.
According to the order, Seduc’s determination was attributable to complaints that the service contracted with Hapvida was not carried out recurrently, with instances reported in cities reminiscent of Manacapuru, São Gabriel da Cachoeira, Boca do Acre and Borba.
The firm disputes the grievance and claims within the case file that it offered proof to help its model earlier than the Permanent Commission for the Investigation of Contractual Irregularities (CAIC), which was established to analyze this example.
In addition to this, we additionally ship notifications to the corporate throughout the interval of submitting the declare, in order that there is no such thing as a want for any problem, which isn’t anticipated to avoid wasting the day. In addition, she additionally claimed that there was no file of complaints to the Seduc ombudsman concerning the lack of service throughout the state.
The justifications weren’t accepted by the CAIC, which advisable unilateral termination of the contract and suspension of Hapvida from bidding for a minimum of 12 months, which was accepted by Seduc. Shortly thereafter, the secretariat signed a no-bid contract for the Samel firm to offer the service to the well being plan, despite the fact that it additionally had no in-state outpatient services.
Hapvida’s contract with Seduc, closed by bidding, has an estimated month-to-month value of BRL 7,054,190.79, whereas the settlement with Samel is BRL 19,450,174.44 per thirty days, an quantity supplied by the corporate within the bidding course of through which Hapvida was the winner . Samel was in third place then.
It was after this trade that Hapvida went to courtroom to attempt to stop the brand new contract, which was accepted by injunction from TJ-AM. In his ruling, Justice Hamilton Saraiva stated the deadlock would finally damage public officers and public accounts.
For Judge Hamilton Saraiva, “the proposal for the availability of companies is completely unfavorable to the administration, since it’s BRL 12,000,000.00 (twelve million reais) increased than the one supplied by the plaintiff, contemplating that the brand new contractor, which concentrates all its 08 (eight) models within the state capital, will face the identical difficulties because the petitioner to get accredited in some pole cities within the inside in order that ‘at greatest it might probably preserve the protection it already has supplied by the petitioner, solely now, at a value completely increased than the exchequer’.
Unit of Samel and Hapvida, each in Manaus (copy)
“I look at the hazard of hurt or danger to the helpful final result of the method. This is as a result of within the occasion that the preliminary injunction isn’t issued till the choice of this mandate is finalized, the general public administration will endure severe injury expressed in irreparable injury to the exchequer, given the necessity to pay the Samel Plano firm de Saúde Ltda. of roughly BRL 12,000,000.00 (twelve million reais) greater than what the petitioner would have spent performing the companies that apparently corrected the recognized deficiencies and tied its funds to the submission of studies demonstrating the true achievement of the covenant,” stated an excerpt from the choice.
In a observe, Hapvida stated it’s “dedicated to caring for each buyer’s life. And with officers of the Ministry of Education (SEDUC) as properly. We proceed to offer high quality well being companies to the beneficiaries of SEDUC, in full and absolute compliance with the general public announcement through which the bid was received, within the identify of higher well being companies for lecturers within the state of Amazonas”.
Seduc has not but taken a place on the choice.
The Union of Education Workers of Amazonas (Sinteam) knowledgeable in an official observe that it has requested Seduc for clarification on the hiring of Samel to man the servers in trade for the Hapvida well being plan. “We requested concerning the begin of the service and the way it will be finished within the inside, which was one of many factors that Hapvida needed to clear up, which didn’t have a community of clinics within the municipalities of the state. We additionally ask that care for sufferers with long-term remedy, in addition to dental care, not be interrupted,” the group says.
TCE is analyzing the case
Before reaching the scope of the judiciary, the case was the topic of proceedings within the Court of Auditors of the State of Amazonas (TCE-AM).
In September of final yr, councilor Yara Lins ordered the suspension of cost on Seduk’s contract with Hapvida following a presentation by an worker who complained concerning the lack of outpatient care in Manakapuru, Sao Gabriel da Cachoeira, Boca do Acre and Borba.
Following Hapvida’s assertion, counsel relented and on December 22 accepted the corporate’s request to halt the unilateral termination of the Seduc contract that had benefited Samel.
Seduc appealed, and every week later, on December 29, TCE-AM President Councilor Érico Desterro overturned Yara Lins’ protecting order.