- Art. 5th, VIII, of RN No. 363, of 2014: it is understood that it is not possible to reduce the real value of the contract. The legislator intended to preserve the real value, even in cases of deflation, not meaning that this value can be reduced. Thus, the service provider is entitled to expressly forecast an official inflation index in its contracts.
- Art. 12, § 1, of RN No. 363, of 2014: The correct interpretation of the device shows that the consideration of quality and performance attributes of health care cannot result in a variation lower than that of inflation.
- Art. 12, § 2, of RN No. 363, of 2014: This device was considered void, as it conflicts with what the Law says. The readjustment cannot be made on the anniversary date of the contract, but within a period of 90 days, counting from the beginning of each calendar year.
- Art. 21 of RN No. 363, of 2014: deals with the deadline for adapting contracts (12 months), which was considered void, insofar as the Law became effective 180 days after its enactment, and an infralegal norm cannot modify the content of Federal Law.
- Art. 7 of RN nº 364, of 2014, and art. 4 of IN No. 61, of 2015: with the edition of RN nº 436, of 2018, which did not allow readjustments lower than the IPCA, this issue was overcome.
- Arts. 4th, 6th and 8th of RN No. 364, 2014: recognized the right of providers without a written contract to apply the readjustment defined by the ANS.
2020-06-18 17:19:18
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New ANS Resolution conforms to Law 9.656/98 in compliance with court decision
Since 2015, a lawsuit promoted by the NATIONAL FEDERATION OF HEALTH SERVICES ESTABLISHMENTS (FENAESS) and UNION OF HOSPITALS, CLINICS, HEALTH CARE HOMES AND RESEARCH AND CLINICAL ANALYSIS LABORATORIES OF THE STATE OF PIAUÍ has been running in the Federal Court of the Federal District against the NATIONAL AGENCY OF SUPPLEMENTARY HEALTH (ANS) – process n. 0074233-60.2015.4.01.3400, 2nd COURT, BRASILIA. This action aims to discuss the validity of some provisions of ANS Resolutions (363 and 364), which regulated Law 13,003/2014 (deals with contractualization, readjustment and other measures on the relationship between providers and operators of insurance and health plans. Thus, in mid-2019, the Judgment of the 2nd Federal Court understood that several provisions of the aforementioned Resolutions would be contrary to the dictates of the Law, giving a different interpretation to what the legislator wanted, therefore determining the nullity of these dictates. the following points were clarified and/or considered void: