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The resolution authorizes the operators to charge m co-participation and the franchise of up to 40% of the value of the procedure, and in some cases up to 60% can be achieved in business plans in which an agreement is reached with the workers. It was expected that the rules would come into force in January for new contracts.
According to the decision, now the resolution must be considered by the Minister of the case, Celso de Melo, or by the plenary of the Supreme Court. This can be done from the month of August, when the STF normally resumes after the July recess. The minister justifies that the measure "may rebalance the framework of legal uncertainty triggered by any adverse limitations on the consumer."
"Health is not a commodity, life is not a bargain, dignity is not a profit., As it was intended to demonstrate to the author (OAB) of the current allegation of violation of the fundamental precept, "said Carmen Lúcia.
The minister recalled that millions of Brazilians were "surprised or rather surprised" by the new ANS rules. In a preliminary badysis, Carmen Lúcia felt that a bill pbaded by Congress, and not just a resolution issued by the agency, would be needed for the changes to be made.
"It's a weird question that concerns the right to health,, and that the Constitution says that, with respect to specific plans, it can only be regulated by law and that it's only a matter of law. it does not seem to belong to it, it will not be taken into account in the right space of appreciation, discussion and deliberation of the representatives of the legitimately elected people in the National Congress, and be taken care of in a restricted administrative space , with little discussion and clarity, reaching society and destabilizing relationships and increasing the agitation of citizens, "said Carmen Lúcia
" fundamental right to health ", she understands that it is necessary to issue an injunction during the STF's break, even if the resolution effect of 180 days from its publication. This is because "the prospect that the new National Health Agency guidelines will mark future hirings, whose negotiation begins well before the period of its implementation, and which will guide the renewal of the contracts of Health Insurance, in which consumers took the (19659005) In a note, the National Complementary Health Agency (ANS) informs that she was informed of the decision. adds that the above-mentioned standard is not in force and points out that the decision was made without ANS having been previously heard.This decision has already been forwarded to the Federal Attorney General's Office (AGU) for adoption. appropriate measures also underlines that he has published the standard strictly respecting the rite for the publication of a normative administrative act, particularly with regard to the opportunity of participation of the company.In addition, the resolution has been badyzed by the general law of the Union (AGU) without any identified illegality or unconstitutionality. "
