Court Overturns Injunction Compelling Health Plans to Cover Covid-19 Test
RIO DE JANEIRO, BRAZIL – The ANS (National Agency for Supplementary Health) overturned the injunction that forced health insurance carriers to cover the serological test for Covid-19.
The test identifies the presence of IgA, IgG, or IgM antibodies in the blood of patients exposed to the virus.
The tests were included in the list of mandatory procedures for private health plans in late June, in compliance with a lower court ruling.
The ruling was handed down by Judge Leonardo Augusto Nunes Coutinho, of the 5th Region Federal Court of Appeals (TRF-5).
“Also as a factor discouraging the interference of the Judiciary and identifying that the matter is – at the very least – in a ‘zone of uncertainty’, is the finding that the health context now experienced is still permeated by lack of scientific consensus, both with respect to the behavior of SARS-COV-2 (coronavirus or Covid-19) and the efficacy of the so-called “immunological passport” (presumably detectable from the IgG test),” the judge pointed out in the ruling.
According to the executive coordinator of the Association for the Defense of Insurance Users, Health Plans and Systems (ADUSEPS), Renê Patriota, who brought the lawsuit forcing coverage, the ANS is at the service of health insurance carriers, rather than the consumer. The institution will file an appeal to overturn the decision.
“The injunction has been revoked, but we are preparing an appeal. The appeals judge has decided to suspend it. The health plans concern is being forced to spend on the test. While the ANS says it is useless, ANVISA orders the rapid tests, which are useless, to be sold in pharmacies. The ANS is at the service of carriers. Rather than serving to defend the consumer as well, it serves the pressure of carriers,” it says.
The ADUSEPS later sent a note stressing its position opposing the overruling of the injunction. Read the full text below:
“The ANS Interlocutory Appeal to overturn the injunction is an affront, a disregard for consumers who pay for their plans and health insurance. Serologic tests meet a requirement during this pandemic that according to medical advice will determine the level of antibodies for IGG and IGM titration. The ANS does not deem the test significant because carriers must pay for the serology procedure. However, the ANVISA authorizes pharmacies and drugstores to sell serological tests”.
Source: UOL
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