The new rules for contract cancellation of health plans at the request of the beneficiary came into effect in May in Brazil.
According to the National Health Agency (ANS), the rules apply to contracts signed after January 1, 1999, or adapted to Law No. 9,656 of 1998.
The resolution provides for immediate cancellation of the contract from the moment the operator or administrator becomes aware of the request. It also determines that cancellation must be immediate even for those who are in debt with the health plan. In this case, overdue monthly payments and other expenses remain the responsibility of the consumer.
Cancellation rules have been established according to the type of plan, whether individual, corporate collective, or collective by adhesion. Furthermore, it defines the responsibilities of the parties involved, obliges operators to issue proof of acknowledgment of the cancellation request, and determines deadlines for delivering the proofs. Such proof must inform any charges for services by the operator or benefits administrator.
The ANS has prepared material with questions and answers to guide the beneficiary on the channels to request cancellation, according to the contracted plan.
The intention behind these measures is to provide greater “clarity, security, and predictability” to consumers regarding the cancellation of plans, according to the ANS.
Under the new rules, the exit of the main beneficiary from the individual or family plan does not terminate the contract, allowing dependents to maintain the same contractual conditions. In the case of the exclusion of the main beneficiary from the corporate collective or adhesion contract, specific rules of the ANS normative resolution regarding the exclusion or not of dependents will be followed.
The request for cancellation of individual or family contracts does not relieve the beneficiary of the obligation to pay a termination penalty, when provided for in the contract.
Operators that fail to comply with the rules set forth in the resolution will be subject to a fine of R$ 30,000, according to the ANS.
Source: Portal Brasil