Cade Decisions Against Medical Entities

On March 1st, the portal ConJur - Law Office (www.conjur.com.br) published a report stating that entities involved in a scheme to fix the value of medical consultations in the state of Mato Grosso do Sul had been convicted of cartel practice by the Administrative Council for Economic Defense (Cade).

The exchange of information between the involved parties was verified through letters and minutes. Following an investigation, Cade's General Superintendence called for the condemnation of the Grande Dourados Medical Association in Mato Grosso do Sul (AMGD) and its former president; the Regional Council of Medicine of Mato Grosso do Sul (CRM-MS); and the National Union of Health Self-Management Institutions (Unidas).

According to the story, the rapporteur of the case manifested himself by the application of fines that would not be based on 15% of the revenues of the represented, like the cases of classic cartels or hardcore, for not recognizing such characteristic in the uniformity of prices promoted by the represented.

AMB and CBR lived similar cases

In April 2015, Cade annulled a judgment issued in October of the previous year, which fined the Brazilian Medical Association (AMB) and other medical entities for the practice of setting consultation prices and coercing opposing doctors to take part in a strike against carriers. health insurance.

According to news reported by AMB itself (www.amb.org.br), the rapporteur of the lawsuit, Ana Frazão, accepted the request for an embargo, considering that there was a procedural defect and acknowledging that the entities had their right of defense curtailed. Thus, they gained a new chance to defend themselves.

At the occasion, AMB's Legal Director, Dr. Carlos Michaelis Júnior, said: “We will have a real opportunity to prove that the use of the Brazilian Hierarchical Classification of Medical Procedures (CBHPM) cannot be considered as price fixing, but as an important marker. in the health sector for both Supplementary Health (Health Plans) and Public Health (SUS) ”.

The entity's president at that time, Dr. Florentino Cardoso, also evaluated Cade's decision as representative of the medical profession, “especially at this time that some are trying to deconstruct Brazilian medicine and its entities,” he emphasized.

Years earlier, in 2011, the CBR itself had won a lawsuit that dealt with sanctions applied by Cade. The agency then acknowledged that the simple, unimposed recommendation to use AMB's CBHPM to its affiliates did not constitute an infringement of the economic order.

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Written by

Thiago Braga

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