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publicado em 19/10/2013 às 13h12:00
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Procon-RJ comes with actions in federal court against the ANS

The Procon claims that the regulator has been silent on the supervision of insurance providers health

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The Procon of Rio de Janeiro, bound to the State and Consumer Protection, filed in federal court with two class actions against the National Health Agency (ANS), responsible for regulating health plans. The Procon claims that the regulatory agency has been remiss in supervising operators.

One of the actions is against Article 17 of Normative Resolution 195/2009, which allows health plans to establish collective loyalty contract a year and two months advance billing of tuition in the event of termination by the client application. According to Procon, the device encourages businesses to impose unfair terms that contradict the Code of Consumer Protection and the Federal Constitution. In the lawsuit, the organization asks the Court to annul the device. The lawsuit is from the 9th of October, the 18th Federal Court, under the care of Judge Flavio Oliveira Lopes.

In other action, that has not been distributed to any district court, Procon asks the NSA to ensure the sale of individual health insurance plans and family. For the body, the operators stopped offering individual service and set prices that discourage the purchase of this type of plan. "The proof is that survey released last June by the Brazilian Institute for Consumer Defense (IDEC) shows that in Brazil today are 48 million consumers of health plans, 77% of which are linked to collective plans - the equivalent of 37 million people, "argues Procon, which calls for the implementation of fines to companies that are adopting this practice and to effectively enforce ANS operators, besides the application of a daily fine of R $ 50,000 in the event of failure of agency.

Undersecretary for State Protection and Consumer Protection Woltair Shimei, the processes were needed, since it is up to Procon represent the interests of consumers. We [Procon] have standing to represent the consumer in mind, so we enter the courts with these actions. When the ANS was created, its purpose was to supervise and protect the consumer, which is the weakest side of the relationship, but we are noticing that she is serving the interests of entrepreneurs, said.

In a statement, the NSA said it received a quote about electronics first process and will consider the action to define how it will challenge it. On the second process, the NSA said that has not been formally notified.

The regulator added that there are nearly 10 million users of individual plans in the country and the Brazilian Institute of Geography and Statistics (IBGE) indicate that such a plan grew 9.3% in the last five years, a percentage higher than the population growth the same period (5.4%). "Aware of the subject, the NSA constantly monitors the subject through studies and scenario analysis," he says.

   Palavras-chave:   Action against ANS    Procon    NSA    National Health    Health insurance providers    Health plans    Flavio Oliveira Lopes    Health   
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