The Federal Supreme Court (STF) today decided (7) to maintain the validity of a law of the Mato Grosso do Sul which obliges the health insurance carriers to justify, in writing to the consumer, the reasons for denying authorisation for medical procedures. Unanimously, the court followed a vote by the rapporteur of the case and president of the STF, Minister Carmen Lucia, in favour of the jurisdiction of the state legislature to legislate on the subject. The questioning of the norm reached the supreme by means of a resource filed by the National Union of the institutions of self-management in health (United). The entity claimed that only the National Congress can legislate up the subject and impose obligations on cases involving private health plans. The understanding signed by the STF should base the trial of other actions on medical assistance. Criticizing at the end of this morning’s session (7), Minister Marco Aurelius criticized the productivity of extra court sessions, scheduled for the morning period. The minister said that there is no quorum for deliberations and still charged the president of the Court, Carmen Lucia, to combine with colleagues the scheduling of the sessions. The session lasted approximately one hour. As of 2:00 pm, the ministers reconvene in the afternoon session, as is the case every Wednesday and Thursday. “Perhaps, president, we need to rethink these morning sessions, because most of the time, we have no quorum, and we return the tradition of combining these sessions,” said the minister. In battling criticism, Carmen Lucia stated that six direct actions of unconstitutionality were judged. “I’ll do that, minister. Of all sorts, in this session we had the trial of a reasonable number of processes. ”
MS edits state law (Law 3.885/2010) that regulates refusal of the health plan in some procedure, treatment or hospitalization.
March 20, 2018
André Richter-Brazilian agency reporter
Edition: Fernando Fraga