Consumer Secretariat identified practices that it considered abusive, such as unilateral cancellations of contracts
Senacon (National Consumer Secretariat), linked to the Ministry of Justice and Public Security, gave 60 days for health plan operators and administrators to present proposals for definitive solutions to the problems identified as abusive by the body. Among them, unilateral cancellations of contracts.
The decision was taken at a meeting on Wednesday (Dec 11, 2024) between representatives of Senacon, health plans and associations such as Abramge (Brazilian Association of Health Plans), FenaSaúde (National Supplementary Health Federation), Brasilcon (Brazilian Institute of Consumer Policy and Law) and Idec (Brazilian Institute of Consumer Protection).
In , Senacon said that, during the 60 days, the ongoing action against the companies will be suspended. If irregularities persist, the action will be resumed and may result in sanctions for the companies involved.
In November, the secretariat launched an administrative process to sanction 17 plan operators and 4 health associations. Among them, Porto Seguro Saúde, Prevent Senior, Qualicorp, SulAmérica, Unimed Nacional, Amil and Bradesco Saúde.
Senacon stated that the meeting on Wednesday (Dec 11) culminated in the creation of a working group with the participation of all notified operators. Activities should begin in January 2025.
“Our goal is to build solutions that preserve consumer rights and promote fairer and more transparent practices in the market”, said National Consumer Secretary, Wadih Damous.
Here are the main problems identified by Senacon in the relationship between health plans and consumers:
- insufficient evidence regarding the transparency of information to the consumer about the possibility of unilateral termination after 12 months of the contract term;
- insufficient evidence regarding effective communication to consumers of cancellations, as well as compliance with legal deadlines;
- insufficient proof of availability of information on assistance and options to the consumer regarding portability;
- insufficient evidence regarding the non-unilateral cancellation of the contract, for consumers who are undergoing medical treatment;
- insufficiency of proof whether the modifications to hospital networks were made in compliance with current regulations, mainly respecting the minimum radius of service distance;
- increase in complaints about contractual changes and terminations without prior notice;
- lack of transparency regarding the possibility of unilateral cancellation after 12 months of contract;
- insufficient communication about cancellation deadlines and procedures;
- lack of adequate assistance for consumers undergoing medical treatment or who desire portability;
- changes in hospital networks without complying with legal parameters, such as minimum distance for care.
