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Change in the role of ANS made by the Senate may affect actions in the STF

The approval in the Senate of the bill that changes the exhaustive nature of the list of procedures and events of the National Supplementary Health Agency (ANS) may affect a series of actions that are being analyzed by the Federal Supreme Court, according to STF sources heard by the CNN .

The proposal was approved by the senators this Monday (29) and will be sent to the presidential sanction. The text establishes that treatments prescribed by doctors, even if not included in the list defined by the ANS, must be covered by the health operator as long as they are proven effective and are recommended by Conitec (National Commission for the Incorporation of Technologies in the Unified Health System) or other international body.

The actions involving the matter in the Federal Supreme Court are under the report of Minister Luís Roberto Barroso.

According to STF sources heard by the CNN , the text that came out of the Senate is being analyzed and it will still be necessary to wait for a position on what will eventually be sanctioned by President Jair Bolsonaro to define whether the actions may lose the object. For now, the public hearings scheduled for the end of September are maintained.

The actions in the Supreme Court ask the Court to interpret the Health Plans Law, of 1998, in such a way that it overturns the so-called taxing role, considered unconstitutional by the authors of the actions.

The Superior Court of Justice (STJ) defined, in June this year, that the list of ANS procedures is exhaustive – that is, the procedures contained therein are exactly those that must be included in the coverage of health plans. The discussion among the justices of the STJ involved the possibility that the list could be seen as “exemplary” – that is, taken only as a reference.

THE CNN contacted the ANS to comment on the matter, but had no response until the publication of this report. If there is positioning, this text will be updated.

Source: CNN Brasil

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