The National Consumer Secretariat (Senacon) initiated an administrative sanctioning process against 17 plan operators and four health associations for unilateral contract cancellations and practices considered abusive. According to the body, linked to the Ministry of Justice and Public Security, the practices cause serious consequences, such as the interruption of essential treatments and increased judicialization in the sector.
The decision comes after the completion of a detailed market monitoring study that identified irregularities in terminations. “The practice, which violates the principles of the Consumer Protection Code and the regulation of the supplementary health sector, directly affects the lives of thousands of Brazilians, many of them in a vulnerable situation due to serious health problems”, says Senacon.
According to a survey by the Department of Consumer Protection and Defense (DPDC), the notified operators have used contractual gaps or interpreted rules in a way that is harmful to the consumer to justify terminations. The analysis carried out by Senacon points out that unilateral disruptions occur without plausible justification or fail to comply with the principle of continuity of care.
When the sanctioning process is initiated, companies will be duly notified and will have time to present a defense and correct any irregularities.
In July this year, the Senacon had already notified operators to provide clarifications on unilateral contract cancellations, due to the significant increase in complaints registered in the consumer.gov.br and ProConsumidor systems. At the time, some operators stated that the cancellations occurred in collective and corporate contracts and were not aimed at vulnerable people.
Consumers can register complaints with defense agencies, such as the platform consumer.gov.br and the state Consumer Protection Institutes (Procons).
