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Chief Justice of the STF suspends National Agency for Supplementary Health Services resolution that changed rules of coinsurance and deductible figure on health insurance plans

A preliminary decision of the Chief Justice of the Brazilian Federal Supreme Court (STF), Justice Cármen Lúcia, suspended the Normative Resolution 433/2018 of the National Agency for Supplementary Health Services (ANS), which modifies rules of coinsurance and deductible figure on health insurance plans. The decision was taken at the Action Against a Violation of a Constitutional Fundamental Right (ADPF) 532, filed by the Federal Council of the Brazilian Bar Association (OAB).

In the ADPF, the OAB called for the urgent suspension of the resolution because of an alleged offense to various constitutional precepts, such as the constitutional fundamental right of separation of powers and the principles of legality and due process of law. The resolution provides that beneficiaries of health care plans may pay up to 40% of the value of procedures such as consultations and examinations in the coinsurance model, in addition to introducing the deductible figure modality to sign new health care assistance contracts.

In analyzing the request, the Chief Justice of the STF ordered the suspension of the norm, emphasizing that "health is not merchandise", "life is not business", "dignity is not profit", and stressing the need to discuss matters involving fundamental rights, as is the case of health, in its own legislative sphere, with due debate and transparency, and not by a rule created "in a restricted administrative space, with little discussion and clarity".

Check the integrity of the decision. 

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