STJ decides that workers cannot cancel collective health plans while treating critical illnesses

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The decision was made after ruling on appeals against decisions that benefited users

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06/23/2022 – 00:17 hours Brazil time

06/23/2022 – 00:17 hours Brazil time

The Supreme Court of Justice (STJ), on Wednesday (22), decided that Collective health plan operators A person cannot be stopped while treating a serious illness. The decision is from the second section and must be followed by courts and judges throughout Brazil. According to the legislation, termination of the contract is prohibited in the case of individual and family plans, but group plans are not mentioned.

This gap in legislation is a nuisance to people who have used and with the plans dangerous diseasesand make them resort to justice to ensure that treatment is carried out. In the resolution, Rapporteur Minister Luis Felipe Salomao proposed a thesis which colleagues agreed unanimously.

“The operator shall, even after the regular exercise of the right to unilateral termination of the collective plan, ensure the continuity of the assistance prescribed to the user in hospital or in full medical treatment, ensuring his survival or physical safety until effective discharge, provided that the owner bears Full due consideration,” he wrote in the resolution.

The decision came after ruling in two appeals filed by an operator against decisions that benefited two users. who are they , Syrians for Truth and Justice left the thesis that must be applied throughout the country. The company said in the lawsuit that there was no legality in canceling the group insurance, claiming that each issue related to the topic had its own characteristics, which prevented giving a uniform treatment of the issue.