Post by messi05 on Jan 23, 2024 22:58:34 GMT -5
An increase of 2,334% applied to a corporate collective contract was questioned, but the TJ-RS decided not to invalidate the adjustment as long as it was informed to the National Supplementary Health Agency (ANS). On average, adjustments challenged in court are 89%, a percentage considered absurd by Idec. Ana Carolina Navarrete observes a curiosity regarding the decisions in the Superior Court of Justice. In practically all cases, the court applied Precedent 5 or 7, honoring what was decided in the second instance.
The first says that the simple Buy Phone Number List interpretation of a contractual clause does not give rise to a special appeal, while the second prevents the simple re-examination of evidence. "In other words, it is unlikely that most of the issues will be reviewed by the Superior Court of Justice, the harmonizing body. This means that those who will give the final word on the case will be the courts of origin regarding removal or maintenance of adjustments. And, no If there is harmonization in this regard, it is important to know how courts in different regions understand the matter", he says.
Failures in regulation For the lawyer and health researcher at Idec, Ana Carolina Navarrete, judicialization is the only solution found by users in the face of abuse committed by companies. “The study indicates that, although the ANS was created to regulate the entire private health market, it, in practice, establishes adjustment rules only for a small portion of plans. And yet, for several years, these rules have authorized increases well above inflation, compromising consumers’ ability to pay.” Adjustments to collective health plans (a type contracted through a legal entity, such as an employer, trade association or union) are not controlled by the ANS.
The first says that the simple Buy Phone Number List interpretation of a contractual clause does not give rise to a special appeal, while the second prevents the simple re-examination of evidence. "In other words, it is unlikely that most of the issues will be reviewed by the Superior Court of Justice, the harmonizing body. This means that those who will give the final word on the case will be the courts of origin regarding removal or maintenance of adjustments. And, no If there is harmonization in this regard, it is important to know how courts in different regions understand the matter", he says.
Failures in regulation For the lawyer and health researcher at Idec, Ana Carolina Navarrete, judicialization is the only solution found by users in the face of abuse committed by companies. “The study indicates that, although the ANS was created to regulate the entire private health market, it, in practice, establishes adjustment rules only for a small portion of plans. And yet, for several years, these rules have authorized increases well above inflation, compromising consumers’ ability to pay.” Adjustments to collective health plans (a type contracted through a legal entity, such as an employer, trade association or union) are not controlled by the ANS.
