A woman with progressive spinal amyotrophy (SMA) will have medication and treatment covered by her health plan, according to a unanimous decision by the Second Panel of the Federal Supreme Court (STF) this Tuesday (19).
The Court reinstated the sentence that had recognized the right to the patient, following the understanding that there is no legal duty to replace “funds received in good faith to fund fundamental rights of an essential nature”, according to the note.
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With the decision, the STF noted that the “essential and indispensable nature of the medicine and treatments provided” for the patient’s health was verified, “as well as the receipt in good faith of the health products and services”.
Previously, the Court of Justice of São Paulo (TJ-SP) partially accepted an appeal made by the health plan to make the payment only from the date of registration of the medicine with the National Health Surveillance Agency (Anvisa).
The rapporteur of the action at the Supreme Court, Minister Edson Fachin, stated in this Tuesday’s vote that people who benefit from health plans are exempt from returning products and services provided by court order.
Fachin’s understanding was followed by ministers Gilmar Mendes, Dias Toffoli, Nunes Marques and André Mendonça.
Source: CNN Brasil
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