Amil must provide service to members of the customer association

Considering the risk of irreversible damages, judge Jair de Souza, of the 10th Chamber of Private Law of the Court of Justice of São Paulo, granted an injunction to determine that Amil guarantees the service to members of the Vítimas A Mil Association in the institutions that were listed as accredited on September 1, 2021.

reproductionThe court suspended the transfer of
Amil’s individual plans for APS

The association represents a group of users of Amil’s individual plans. The entity questioned in court contractual changes promoted by the company last year, when it decided to transfer individual plans to Personalized Health Care (APS).

In a monocratic decision, the judge Jair de Souza spoke of the risk of irreversible damage to consumers in the event of non-granting of the injunction. “People who depend on the services provided so far by the health plan, which could cause damage to several consumers and that the lives of several consumers, dependent on the provision of medical and hospital services, could result in the death of those who did not receive adequate treatment”, he said. he.

Thus, in addition to ordering that Amil guarantees service to all beneficiaries of individual plans affiliated to the Vítimas A Mil Association, the magistrate ordered that the operator also be fully responsible for the individual health plans in Rio de Janeiro, São Paulo and do Paraná, preventing the transfer of portfolio management to any third party.

For Lucas Akel Filgueiras, lawyer for the Associação Vítimas A Mil, the injunction granted by the São Paulo Court guarantees that the rights of the plan’s users will be preserved. “The decision, in this sense, brings more legal certainty and ensures that the calls are made as they were before all this confusion”.

In the view of the president of the Brazilian Institute of Insurance Law (IBDS), Ernesto Tzirulnikthere is a lack of special laws to protect the essential rights of policyholders and beneficiaries of health plans in Brazil: “IBDS supported the creation of the Vítimas A Mil Association as an attempt to defend consumers from the shameful unauthorized transfer of contracts”.

Click here to read the decision

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