Post by xyz2900 on Feb 11, 2024 11:08:07 GMT 2
There is no direct legal relationship between health operators and insurers and the SUS. With this understanding, judge Paulo Espírito Santo, of the Federal Regional Court of the 2nd Region, exempted Master Saúde Assistência Médica from reimbursing the SUS for having provided assistance to a patient covered by the plan. “The benefits of the SUS, in principle, must serve everyone, indiscriminately, in light of the generality of laws. If a given patient has a private health plan, this does not remove him from this generality, as it is a private benefit contracted by him”, stated the judge. Master's defense, represented by lawyer Alexandre Arnaut de Araújo , from the firm Araújo Advogados Associados, in Campinas, alleged the unconstitutionality of article 32 of Law 9,656/98, a legal provision that obliges operators of private health care plans to reimburse the SUS.
The lawyer also alleged the illicit enrichment of the State, which intends to receive amounts much higher than those actually spent on health care. “I don't see how not to recognize the unconstitutionality of the device, because in short, there is no legal relationship between the Belize Email List Appellant and the SUS. Their legal relationship exists in relation to the patient”, decided the judge.The natural tendency is an "accommodation" of the constitutional model to the new economic guidelines. Let's move on to some practical data, taking as an example the State of São Paulo, the largest state in the Brazilian federation and which concentrates a significant part of Brazil's population.
There, around 10 thousand patients receive health treatments through court orders, and the costs of legal actions in 2005 (around 40 million dollars) grew 79% compared to 2004. This cost, in the State of São Paulo, the most industrialized and richest in Brazil, corresponds to 30% of the health budget. Generally, judges' decisions determine the immediate purchase of special medicines, with high costs for the State, as for example in the case of Inrterferon Peguilado, manufactured by companies such as Roche in Brazil and used to treat hepatitis C. In the Brazilian case, the SUS (unified health system) provides free conventional Interferon to the entire population, which costs around 30 times less than Pegylated Interferon.
The lawyer also alleged the illicit enrichment of the State, which intends to receive amounts much higher than those actually spent on health care. “I don't see how not to recognize the unconstitutionality of the device, because in short, there is no legal relationship between the Belize Email List Appellant and the SUS. Their legal relationship exists in relation to the patient”, decided the judge.The natural tendency is an "accommodation" of the constitutional model to the new economic guidelines. Let's move on to some practical data, taking as an example the State of São Paulo, the largest state in the Brazilian federation and which concentrates a significant part of Brazil's population.
There, around 10 thousand patients receive health treatments through court orders, and the costs of legal actions in 2005 (around 40 million dollars) grew 79% compared to 2004. This cost, in the State of São Paulo, the most industrialized and richest in Brazil, corresponds to 30% of the health budget. Generally, judges' decisions determine the immediate purchase of special medicines, with high costs for the State, as for example in the case of Inrterferon Peguilado, manufactured by companies such as Roche in Brazil and used to treat hepatitis C. In the Brazilian case, the SUS (unified health system) provides free conventional Interferon to the entire population, which costs around 30 times less than Pegylated Interferon.