The Federal Supreme Court (STF) postponed this Wednesday (5) the conclusion of the trial that will decide whether health plan operators can readjust old contracts for people over 60 years of age.
The trial of the case was suspended for a request for review made by Minister Alexandre de Moraes.
The plenary of the Court judges a action filed by the National Confederation of General Insurance, Private Pension and Life, Supplementary Health and Capitalization Companies (CNSEG) to confirm the constitutionality of a provision of the Elderly Statute.
According to an excerpt from the statute, Operators cannot charge different amounts based on age, that is, increase the monthly fee for elderly people after the rule comes into force.
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For the confederation, this part of the statute must be maintained, allowing an increase due to age for contracts that were signed before December 30, 2003, the date on which the law came into force.
Voting on the case began in September this year, when the case’s rapporteur, Minister Dias Toffoli, voted to validate the statute and confirm that the prohibition on increases does not apply to old contracts.
Then, ministers André Mendonça, Cristiano Zanin and Gilmar Mendes accompanied the rapporteur.
In today’s session, Flavio Dino cast his vote on the issue. The minister joined the rapporteur’s vote, but proposed that the Court’s decision be modulated to avoid immediate impacts on operators and to protect insured elderly people.
“We would have a legal framework for the future. This price adjustment would be based on regulatory law [pela ANS]and always forward, that there would be no retroaction to the detriment of health plans. This is in everyone’s interest, not only companies, but also consumers”, he stated.
The date for resuming the trial has not yet been defined.
