Barroso postpones public hearings on ANS taxing role

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Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), decided this Thursday (15) to postpone the public hearing that was scheduled to discuss actions that questioned the exhaustive nature of the list of procedures and events of the National Agency for Supplementary Health ( ANS).

The hearings were scheduled for the 26th and 27th of September.

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The so-called “exhaustive list” means that health plans only need to strictly cover that list of procedures.

This year, the Superior Court of Justice (STJ) decided that this list of procedures must be exhaustive and not exemplary – which means that the list is just a sample, and may be extended to other procedures.

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According to Barroso, the public hearing was postponed because of the approval in Congress of a bill that changes this exhaustive character of the ANS’ list of procedures.

Such as CNN showed in August, the approval of the text could affect the processing of actions in the Supreme, given that the STF awaits what will in fact be sanctioned by President Jair Bolsonaro (PL).

“If the approved text becomes law, there will be obvious repercussions on the object of the present actions”, said Barroso in his decision this Thursday (15).

“There is, therefore, a clear lack of definition regarding the maintenance of the validity of the regulatory framework contested in these records, with the possibility of altering the legal discipline of the controversy that is intended to be faced in a public hearing on the same day of its realization. In view of this scenario, I believe it is advisable to postpone the public hearing, for a date to be determined, in order to await the conclusion of the legislative process aimed at changing the legal framework to which the plaintiffs refer”, decided the minister.

The text approved by the Senate establishes that the treatments prescribed by doctors, even if they are not included in the list defined by the ANS, must be covered by the health operator as long as they are proven to be effective and are recommended by Conitec (National Commission for the Incorporation of Technologies in the Unified System). of Health) or another international body.

President Bolsonaro has until the 26th of this month to decide whether or not to sanction the project approved in Congress. If the text is barred, these vetoes can still be overturned by congressmen in the future.

Source: CNN Brasil

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