Delayed Implementation of Simplified Health Program Pending STF's Decision
The National Supplementary Health Agency (ANS) has revealed it will not conclude the analysis of a proposed simplified health plan until the Superior Court of Justice (STJ) finalizes its decision on ANS's authority to regulate health-related products and services.
Following an extraordinary meeting of its collegiate board last Friday, ANS announced the establishment of a technical chamber to scrutinize the technical, legal, economic, and regulatory aspects of the new health plan initiative. The chamber will also broaden discussions on the proposal to institute a regulatory sandbox for testing the product.
The proposed simplified health plan under consideration by ANS aims to offer more affordable options, covering only elective consultations and exams, but excluding hospitalizations, emergency care, surgeries, and therapies. Introduced in February, the plan was submitted to a public consultation. If implemented, ANS estimates that around 10 million people may opt for the new format.
ANS emphasized that the definitive conclusions will only be reached once the judicial process currently underway at the STJ is finalized. The STJ's interpretation is that the regulation and supervision of discount cards for health services falls within ANS's jurisdiction.
ANS considers the final decision from the STJ vital to ensure legal security. While not directly linked to the ongoing sandbox proposal, the STJ's understanding reinforces the legality of the measure, confirming ANS's competence to regulate products and services beyond traditional health plans.
The technical chamber is anticipated to have a duration of three months, with potential extensions. The agency will consist of two representatives nominated by each member of the Supplementary Health Chamber (Camss), as well as two representatives from ANS's board of directors and two representatives from the Association of Servers and other workers of the National Supplementary Health Agency (Assetans).
In the ongoing debate over health plan modifications and judicial affairs relating to the ANS and STJ, it is crucial to monitor official sources such as the ANS website and legal news outlets specializing in Brazilian health and judicial matters for the latest updates.
- Given the ongoing judicial process at the Superior Court of Justice (STJ) regarding ANS's authority over medical-conditions-related products and services, the final decisions on the proposed simplified health plan that focuses on health-and-wellness, particularly elective consultations and exams, will not be concluded until the STJ's decision is finalized.
- As science evolves and medical-conditions continue to grow in complexity, the establishment of the technical chamber by ANS underscores the agency's commitment to ensuring the scientific validity, legal compliance, and economic viability of future health-and-wellness initiatives, such as the regulatory sandbox for testing new health products.
