The Public Ministry signed terms of conduct adjustment with five doctors and three clinics in Varginha (MG) for improperly charging SUS patients. Two of the doctors were also criminally denounced for charging to issue reports that should be provided free of charge in the public health network.
According to the MP, doctors received values from SUS patients to perform surgical procedures, which by law would have to be provided free of charge. In addition, one of the doctors provided false information to SUS, changing the name of the procedure performed to receive payment.
Also according to the MP, the conduct of doctors constitute crimes of administrative improbity and passive corruption.
Public Ministry in Varginha — Photo: Franco Jr. / g1
The five doctors, in addition to returning the money improperly received, will pay fines and compensation for moral damages to the Varginha Municipal Health Fund, totaling R$ 169,200, in addition to R$ 19,000 for the Special Fund. of the Public Ministry.
One of them will also have to perform 30 hysterectomy surgeries on SUS patients, without being paid for them, pay for the cost of assistants that are necessary to carry out the procedures, such as instrumentators and anesthesiologists, and offer two postoperative consultations to patients.
Also according to the MP, the three clinics were held responsible because the doctors, as their representatives in the execution of a public service provision contract in the public health network of Varginha, charged and received from patients who were being treated by the SUS. Clinics will also pay fines and compensation for moral damages.
Doctors denounced for false reports
The 6th Varginha Prosecutor’s Office also filed a Civil Action for Administrative Improbity Act against two doctors, incurred in article 12, I, of Law 8.429/92, which provides for the loss of assets or values illicitly added to the patrimony, loss of public function , suspension of political rights for up to 14 years, payment of a civil fine equivalent to the value of the increase in assets and prohibition of contracting with the government or of receiving tax or credit benefits or incentives, directly or indirectly, even through a legal entity of which be a majority shareholder, for a period not exceeding 14 years.
According to the MP, they were charging to issue reports that should be issued free of charge in the public health network.
The investigations began in 2018, after the MPMG received representation from the State Department of Finance of Minas, reporting exponential growth, as of 2014, in requests for tax exemptions for the acquisition of motor vehicles by non-drivers with disabilities and that, in 2015 and 2016, , most reports had been issued by the two defendants.
In the criminal sphere, they were denounced for demanding and receiving an undue advantage, due to the public function they performed, incurring the sanctions of article 316 of the Penal Code seven times, with a penalty of two to 12 years of imprisonment and a fine.