The right to health is much more than you think!
11 de December de 2024, às 22:25
Qualitare
By Mariana Fernandes - lawyer
Since 1971, August 5th has been dedicated to the celebration of policies, behaviors and habits necessary for the development of health as a fundamental right of the human person, an indispensable prerequisite for the maintenance of life, expressly guaranteed by the Federal Constitution and by various international regulations.
Although difficult to conceptualize, the right to health currently means not only the treatment of illness, but also all actions to promote physical and mental health, whether preventive or protective. Although the state plays a leading role in making this right a reality, we cannot deny the important role played by the supplementary health sector in promoting health.
Overseen by the National Supplementary Health Agency, the sector faces the challenge of adopting a model of assistance aimed at reducing risks and preventing illnesses, under the terms of art. 35-F of Law 9.656/1998, which regulates the activity, in addition to complying with the precepts established by the Consumer Protection Code, which regulates the relationship between the parties.
Thus, the judicialization of the right to health can be used as a way of enforcing rights in the event of abuse, such as the refusal of urgent and emergency care outside the coverage area, denial of coverage on the grounds of pre-existing illness, when the insured is unaware of it, classification of repair surgeries as aesthetic.
Confirming this possibility, the Superior Court of Justice issued a decision confirming the obligation to pay for the cryopreservation of a cancer patient's eggs, as a way of mitigating the foreseeable and avoidable side effects of chemotherapy, including infertility (STJ, Resp 1.815.796 - RJ).
Since 1971, August 5th has been dedicated to the celebration of policies, behaviors and habits necessary for the development of health as a fundamental right of the human person, an indispensable prerequisite for the maintenance of life, expressly guaranteed by the Federal Constitution and by various international regulations.
Although difficult to conceptualize, the right to health currently means not only the treatment of illness, but also all actions to promote physical and mental health, whether preventive or protective. Although the state plays a leading role in making this right a reality, we cannot deny the important role played by the supplementary health sector in promoting health.
Overseen by the National Supplementary Health Agency, the sector faces the challenge of adopting a model of assistance aimed at reducing risks and preventing illnesses, under the terms of art. 35-F of Law 9.656/1998, which regulates the activity, in addition to complying with the precepts established by the Consumer Protection Code, which regulates the relationship between the parties.
Thus, the judicialization of the right to health can be used as a way of enforcing rights in the event of abuse, such as the refusal of urgent and emergency care outside the coverage area, denial of coverage on the grounds of pre-existing illness, when the insured is unaware of it, classification of repair surgeries as aesthetic.
Confirming this possibility, the Superior Court of Justice issued a decision confirming the obligation to pay for the cryopreservation of a cancer patient's eggs, as a way of mitigating the foreseeable and avoidable side effects of chemotherapy, including infertility (STJ, Resp 1.815.796 - RJ).
