Defend Your Rights: Legal Advice Against Unilateral Cancellation of Health Plans
- Piva Advogados
- Jun 6, 2024
- 2 min read
During a public hearing in the Senate's Social Affairs Committee (CAS), representatives of users who have suffered unilateral cancellation of collective health insurance contracts defended the approval of a bill establishing a “total ban” on this type of termination. The debate, chaired by Senator Humberto Costa, was attended by 13 guests and highlighted the growing complaints about abusive cancellations and the urgent need for regulation.
The Worrying Reality of Unilateral Cancellations
According to the Consumer Defense Institute (Idec), there has been a significant increase in complaints about unilateral cancellations of group health plans. These cancellations, often carried out without prior notification and without offering viable alternatives to consumers, were the target of criticism during the hearing.
Renê Patriota, coordinator of the Association for the Defense of Users of Insurance, Health Plans and Systems (Aduseps), and Carolina Godoy Leite, federal public defender, pointed out that such practices violate the fundamental rights of consumers, especially those in vulnerable situations, such as autistic children and the elderly.
Recent Court Decisions: Protecting Consumers
The courts have taken a stand against these abusive cancellations. A recent decision by the São Paulo Court of Justice ruled that health plans cannot unilaterally cancel collective contracts without prior notification. In addition, operators are obliged to offer beneficiaries the option of migrating to individual or family plans, without new waiting periods and maintaining the same conditions of coverage and price.
How Our Law Firm Can Help
If you have been the victim of a unilateral cancellation of your group health insurance plan, our law firm is on hand to defend your rights. We act quickly and effectively to reinstate your health plan in court, often achieving results within 48 hours.
Our services include
Complete Legal Advice: Detailed analysis of your case, identifying the best legal strategies.
Legal Action: We take legal action to challenge unilateral cancellations and ensure that your rights are maintained.
Personalized Consulting: Continuous and personalized follow-up to guide you through every stage of the process.
Importance of Professional Assessment
Although there have been favorable decisions in similar cases, it is crucial to understand that each case has its own particularities. A positive outcome can never be guaranteed without careful, professional analysis. For this reason, we always recommend consulting a lawyer specializing in health law to assess the real chances of success of your lawsuit.
The illegality of unilaterally canceling group health plans is an issue that directly affects the lives of many consumers. If you have been harmed by this abusive practice, don't hesitate to seek legal help. Our firm is here to protect your rights and ensure that you have the access you need to healthcare.
If you or someone you know has been affected by this or any other abusive practice, please contact us. Our team is ready to offer you the best legal advice and fight for justice.
Source: Agência Senado, São Paulo Court of Justice, CONSU Resolution No. 19 and ANS Resolution No. 254.
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