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The STF analyzes the law that requires plans to cover nutrition expert examinations

The STF analyzes the law that requires plans to cover nutrition expert examinations

The National Confederation of General Insurance Companies, Private Pensions and Life, Complementary Health and Capital (CNseg), in Federal Supreme Court, filed a direct action of unconstitutionality against a Rio Grande do Norte law requiring health plans to cover laboratory testing needed to monitor diets prescribed by nutritionists. . The procedure was distributed to Minister Gilmar Mendez, who requested information from the relevant authorities.

The entity states that the competence to legislate on insurance rests with the federationSubtitle

The entity claims that the Federal Constitution (Article 22) reserves the power to legislate on insurance for the Federation and that according to STF jurisprudence, health plans follow the same logic as insurance. Thus, State Law 11.081/2022 invaded the exclusive jurisdiction of the federation, he argues.

CNseg also maintains that the rule violates the principles of equality and free initiative. According to his argument, by creating a specific resolution for Rio Grande do Norte, the law creates a disparity in the obligations of health plan operators operating in Brazilian territory.

In addition, it unduly interferes with the economic dynamics of a business, as it directly affects the health plans’ private contractual relationships. With information from the STF press office.

Click here to read the initial petition
ADI 7,376

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