The Public Prosecutor's Office of the State of Minas Gerais issued a favorable opinion on the appeal filed by the Brazilian College of Radiology and Diagnostic Imaging – CBR and the Radiology Association of Juiz de Fora – ARJF, in the Public Civil Action No. 5028980-45.2024.8.13.0145, filed against CEMIG Saúde SA.
The action seeks to prevent the imposition, on radiologists and diagnostic imaging clinics accredited in Minas Gerais, of the so-called "bundling" of radiological exams, through unified remuneration for distinct procedures, with reduced fees, as well as to prevent the termination or breach of contracts due to the providers' refusal to adhere to this system.
Initially, although the thematic relevance of the plaintiff entities was acknowledged, the case was dismissed without prejudice on the grounds that express authorization and a list of members would be required to file the lawsuit.
In its opinion submitted to the 20th Civil Chamber of the Court of Justice of Minas Gerais, the MPMG (Minas Gerais Public Prosecutor's Office) rejected this understanding and recognized that CBR and ARJF act, in the Public Civil Action, as procedural substitutes, and not as mere representatives of their members. For this reason, according to the Public Prosecutor's Office, individual authorization, specific assembly resolution, or presentation of a nominal list of members is not required.
The Public Prosecutor's Office also highlighted the economic and social relevance of the controversy, noting that the discussion involves not only the economic interests of radiologists and diagnostic imaging clinics, but also potential repercussions on the continuity and quality of healthcare services provided to the operator's beneficiaries.
This is an important institutional statement in defense of the legitimacy of the CBR (Brazilian College of Radiology) and ARJF (Association of Regional Associations of Juiz de Fora) to act collectively in protecting professional prerogatives, ensuring adequate remuneration for diagnostic imaging services, and addressing the impact these practices may have on patient care.