Post by account_disabled on Jan 23, 2024 21:21:35 GMT 10
The payment of non-nationalized imported medicines, such as Avastin. The minister highlighted that any supply during the pre-registration period would be a health infraction. “The exclusion of pharmaceutical assistance for medicines imported without registration with Anvisa is also based on health control standards. This is because the importation of medicines and other drugs, for industrial or commercial purposes, without the prior and express favorable expression of the Ministry of Health constitutes an infraction of a sanitary nature, and the health plan operator cannot be obliged to pay for them in violation of the law,” he said.
According to the judge, the Consumer Protection Buy Phone Number List Code would not justify the supply or reimbursement in this case, since, due to the specialty criteria and chronology of the legislation, “there is an obvious prevalence of the new special law” — in this case, the Insurance Plans Law Health, which provides for the exception. Regarding the conviction for moral damages, the minister highlighted that not all situations of denial of coverage generate compensable damage, as in many cases there is no certainty about the service provider's obligation to the client.
“There are situations in which there is reasonable legal doubt in the interpretation of a contractual clause, so that the conduct of the operator, when opting to restrict coverage without violating the duties attached to the contract — such as good faith — cannot be considered illegitimate or unfair, violating intangible rights, which rules out any claim for compensation for moral damages”, concluded the rapporteur.If the reform proposal presented prevails, patients will find another barrier to guaranteeing access to such medicines, being harmed by the inertia of the country's own regulatory bodies.
According to the judge, the Consumer Protection Buy Phone Number List Code would not justify the supply or reimbursement in this case, since, due to the specialty criteria and chronology of the legislation, “there is an obvious prevalence of the new special law” — in this case, the Insurance Plans Law Health, which provides for the exception. Regarding the conviction for moral damages, the minister highlighted that not all situations of denial of coverage generate compensable damage, as in many cases there is no certainty about the service provider's obligation to the client.
“There are situations in which there is reasonable legal doubt in the interpretation of a contractual clause, so that the conduct of the operator, when opting to restrict coverage without violating the duties attached to the contract — such as good faith — cannot be considered illegitimate or unfair, violating intangible rights, which rules out any claim for compensation for moral damages”, concluded the rapporteur.If the reform proposal presented prevails, patients will find another barrier to guaranteeing access to such medicines, being harmed by the inertia of the country's own regulatory bodies.