STF is asked to compel Arthur Lira to open CPI for health plans – piauí magazine

mMore than 300,000 people had already died after the Covid-19 infection, and only 13% of Brazilians had been vaccinated, when the Federal Supreme Court forced the president of the Senate, Rodrigo Pacheco (PSD) , the Parliamentary Commission of Inquiry (CPI) of the Pandemic. It was May 8, 2021, the CPI request had already had the necessary signatures for two months, and Minister Luís Roberto Barroso, from the STF, responded to the opposition senators, who complained about Pacheco’s inertia , and ordered the opening of the commission – a decision conditional on plenary permission, which was granted shortly afterwards. The CPI played a fundamental role in the country, speeding up health measures that the government of Jair Bolsonaro, characterized by radical rejection, wanted not to comply with.

Three years later, it is the president of the Chamber of Deputies, Arthur Lira (Progressives), who opposes allowing a new CPI to open on another health issue of widespread interest. A group of 310 deputies wants a parliamentary investigation to be set up on health plans, which have 51 million consumers in Brazil, due to the series of unilateral cancellations of contracts that have prompted companies, which ‘ left consumers uncovered overnight, often while they. treated for illness.

The support given by the Chamber to the commission was very good. The request, which was filed on June 5, brought together about three-fifths of the Chamber, which has 513 seats. The number of representatives 310 is higher than the 136 necessary to open CPI (and two enough to approve an amendment to the Constitution). In contrast, the request to open the CPI on the pandemic had less support: it was signed by less than half of the senators (34 out of 81 in total).

Despite all this, the request went through the roof​​​​, due to the decision of the president of the Chamber, Arthur Lira, who did not submit the CPI. He has also avoided voting on the bill that considers the changes needed to the department’s regulations.

As widely reported, Lira met with health plan operators on May 28 and announced an agreement to end the practice of unilateral cancellations. It was a meeting without records and without a joint statement at the end, in a way that cannot be taken advantage of by plan clients who feel unhappy. “A verbal commitment was reported, not formal. We don’t even know the terms of this agreement”, criticizes lawyer Rafael Robba, from the company Vilhena Silva Advogados. “To have legal value and make operators comply, there would have to be something formal, stating the terms of this agreement, but there were none.”

That’s what he says too Lucas Andrietta, Health Program CoordinatorInstitute for Consumer Protection (Idec). “The suspension was never formally announced, it was only a vague promise given through the media. There is no way to charge, verify or guarantee compliance without the appropriate instruments.”

In practice, there are frequent reports of unilateral violations of health plans and maintenance of previous cancellations, which are against the agreement between the President of the Chamber and the market. The office of the lawyer Rafael Robba alone has already received 28 cases (21 in June and 7 in July) from consumers whose general health plans were canceled and who want the service re- position

It is in this context that the Federal High Court is again asked to decide on the opening of CPI. The Association Não Direito a Menos (Anedim) filed a Writ of Mandamus number 39,829in the Federal Supreme Court, appealing to the same reasons considered by the STF in the action that requested the opening of the CPI Covid-19: if the necessary signatures are there, it is not responsible for the president of the legislative house to prevent the opening of the CPI.

The decision of the STF states: “According to the basic line of the STF, the initiation of the parliamentary inquiry depends only on the fulfillment of the three requirements defined in art. 58, § 3, of the Constitution: (i) requirement of one-third of the members of the legislative houses; (ii) an indication of a particular fact to be investigated; and (iii) defines a specific date for its duration. Once the constitutional requirements are met, it is necessary to create a Parliamentary Commission of Inquiry, whose installation cannot be blocked by the will of the majority of the parliament or the governing bodies of the legislative houses”.

In the action, Anedim focuses on this precedent and says “the establishment of CPI is a subjective right of the minority, which cannot be hindered by the will of the majority or by simple negligence by the Head of State. the seat of the Board of Directors, as no evaluation is allowed.” In order for such a decision to be granted, the action must demonstrate the so-called “risk of delay”. In this case, the association insists that “investigations of abusive or criminal activities cannot wait, because evidence of the truth could be lost, making the investigation completely Harmless.” He also claims that the CPI is fundamental to overseeing the branch of Government and to promote transparency.

Deputy Aureo Ribeiro (Solidariedade-RJ) led the request to open the CPI. The reasoning mentions that health plans lead the rating of consumer complaints and complaints in the country in 2023 according to Idec and in May 2023 there was a change of up to 35% in the values ​​of the plan.

The CPI request refers to the elimination of unilateral and unreasonable health plans by operators, the exclusion of reimbursements from the contract, the percentage increase of co-participation, and even network reduction suppliers. Reporting news that cancellations are happening in the thousands in Unimed and Amil health plans. It also mentions IDEC’s assessment that “there is a distortion and a lack of transparency in the methodology used by ANS and the formula used must be changed and reviewed”.

The action in the STF went through a lottery to explain the rapporteur and it fell with the Minister Flávio Dino, who was the Minister of Justice in the government of Lula, appointed at the end of last year to the Court. So Dino has another action before him that is against the interests of the President of the Chamber, as well as those who discuss parliamentary changes.

Anedim has had a strong presence in Rio de Janeiro, and is chaired by 45-year-old Fabiane Alexandre Simão, mother of 9-year-old Daniel, who has cerebral palsy and autism spectrum disorder .

“Health plans are criminally harming the Brazilian population and this is not just about a unilateral cancellation, it is an expression of something much bigger, which agrees with segregated plans that provide the least amount of cover In practice, establishing your own tax list, overloads the SUS, because it will not be able to meet the demand”, said Fabiane.

The president of Anedim justifies what the STF did because “neither the Ministry of Public Affairs nor any political party took the initiative to ask for Lira’s job”. And he also asks: “What is the real reason why Representative Lira preferred to hold a secret meeting with the operators of the health plan and the ANS?” What is the purpose of a verbal agreement? What is the reason for not setting up the CPI, investigating the conduct of the plans and the alleged losses?”

Requested by PaymentsAureo Ribeiro said that he is waiting for the opening of the CPI. “After the agreement, those who were laid off did not return. Still canceling. It is still not providing the service that is contracted with people. The problem continues. Nothing has changed, understand?”, he said. Regarding the action before the STF, he said: “We don’t talk about legal decisions, right? Then it’s another field, it’s another house, but we think the business is worthy. I hope he succeeds.”

Nthe meeting that led to the agreement with the market, Lira received at the official residence of the Chamber of Deputy Ministers director-president of the National Complementary Health Agency (ANS), Paulo Rebello Filho, officials in the sector, such as Renato Manso, CEO of Amil, and Jorge Oliveira, from Unimed Nacional. Also participating in the agreement were Gustavo Ribeiro, president of the Brazilian Association of Health Plans (Abramge), and Vera Valente, president of the National Federation of Complementary Health (Fenasaúde). After the conversation, Lira made the following announcement on the networks: “Good news for the beneficiaries of the Health Plan: in a meeting held just now with representatives of the department, we agreed that they stopped canceling recently related to some illnesses and disorders”, wrote the president of the Chamber.

Three days later, the health plan of Marília Araújo, a resident of Recife, was canceled by the operator Amil, administered by Qualicorp. Retired, 75 years old, Marília was undergoing cancer treatment and knew her contractual obligations. The son, Bruno Araújo, was the one who found the break, when he went to pay his mother’s bill of 3.5 thousand reais per month. “I went to my mother’s emails and saw that an email had come saying that it had been canceled unilaterally, because some regulation had come out. AND [um plano da] Amil, but Qualicorp manages it”, said Bruno Araújo.

Bruno contacted Amil and received confirmation that the cancellation was canceled on May 31, three days after the negotiation between Arthur Lira and the health plans was announced. “They said that Qualicorp saw fit to terminate unilaterally by resolution,” he said. He then tried to go to court with the support of the Association for the Protection of Consumers of Insurance, Plans and Health Systems of Pernambuco ( Aduseps).On July 29, he received an injunction in Pernambuco to reinstate the health plan.

The executive coordinator of Aduseps, Renê Patriota, who is a long-time activist on behalf of health plan users, criticized the “informal agreement of the President of the Chamber”, saying that “it is not worth it because companies continue to cancel contracts”. “It’s a lie, talking to people about sleeping and snoring,” he said. “He should take legal action, as president of the Chamber, to show the good intentions of Congress. And not this political situation. We are in a political year and unfortunately many politicians use false behavior, such as ‘this kind of agreement’, to take advantage. .”

The agreement was also not enough to renew the health plan of an 87-year-old retired teacher from the city of São Paulo, who asked not to be named. She realized that her health plan (general membership method) had been canceled when she wanted to schedule an exam for cataract surgery. Her plan is affiliated with Central Nacional Unimed. She says she had the health plan for over 20 years and paid R$4,175.00 per month. The amount, more than three minimum wages, was enough for “hospital and some tests”. “Now, I have to apply [na Justiça] so that I can reactivate my plan”, says the retired teacher.