A ruling blocks the increase in prepaid drug company fees received from Xavier Miley’s DNU

A federal judge in San Martín suspended this Wednesday the application of a piece of Decree of Necessity and Urgency (DNU) 70/23 that authorizes an increase in the fees of prepaid pharmaceutical companies. The suspension will specifically apply to the case, which began with a lawsuit filed by a retiree who alleged his benefits were increased. social work More than 62% between December and January.

judge Elpidio Portocarrero Tejanos PintoDeputy of the Federal Court for Civil, Commercial and Administrative Litigation of San Martín 2 Caution requested by Rodolfo Francisco Vidal Quera Amengual In specific case, to cancel Articles 267 and 269 of DNU directed by the Government of xavier mileywhich revised the regulatory framework Medical and social work companies -Law 26,682- And that, in essence, allows the increase in contributions to benefit plans without prior state authorization.

In this context, a 78-year-old man, a member of Simeco Health Council Services (Simeco), requested unconstitutionality And this suspension validity of the articles in question, to the extent that, after the DNU is published, the company “Disproportionately increased fees for prepaid drug servicesBetween December and January.

And, as appears from the resolution to which he had access infobaethe man paid the amount $167,719Whereas last January the health unit had invoiced an amount $188,472 With expiration on January 10th and, shortly after, with expiration on the 22nd of the same period, “the fee increases $79,325 By ‘Quota difference due to authorized increase‘, which gives the total $267,787i.e, 62% increase“Only for the month of January 2024 as compared to December 2023.”

Under these parameters, the conservator indicated that with her age “she requires permanent.” Recovery and medical monitoring to suffer the strokes More heart problems in 2017. He also said that as a retired person he had received this amount last December $223,811.84 And an amount in the month of January $157,541.21,

At the time of the decision, the federal judge highlighted that the DNU set by the executive branch “is a norm.” has revised the regulatory framework of prepaid pharmaceutical companies and social actions Cancel through (…) Art. 267 Article 5 Inc. G and M and replaced by Art. 269 Art drafting. 17″.

“Thus, the functions of the enforcement authority, which monitored the benefits, contracts and schemes of the PMO and fundamentally its compliance with Art., have been abrogated. 17 (replaced) Had to monitor and guarantee the reasonableness of contributions to benefit plans, With regard to increase in fees, the enforcement authority had to authorize the increase ‘when it is based on variation in the cost structure and Proper actuarial calculation of risks‘” he explained.

When analyzing the origin of Remedy requested by partnerThe magistrate acknowledged “the lack of oversight of prepaid pharmaceutical companies and/or.” There is no need to request authorization on their behalf What is claimed here is an increase as a logical consequence of, And he added: “The invoices accompanying the plaintiffs amount to more than 62% of the payments made in the month of December 2023.”

Along these lines, he stressed that “a primary duty of prevention imposes an immediate judicial declaration given the proximity of the indicated dates.” And he added: “It should be noted that precautionary measures do not require magistrates to inquire into the certainty of the existence of the intended right, but only into the probability of it, taking into account in particular should go Plaintiff is at imminent risk of not being able to pay the monthly amounts demanded by the co-defendant prepaid pharmaceutical company.,

“Furthermore, it is worth underlining that, Monthly increase in fees is outlinedDoes not appear from attached invoices justification or explanation Such an increase allows the plaintiff to obtain more information about it and know the reason that led to the final value reported,” said Portocarrero Tejanos Pinto.

At the conclusion of his ruling, the judge ordered the National State suspension Requires the application of two challenging articles and, in turn, prepaid medicine unit ,Readjustment of related quota For its aid scheme, without leaving without effect the increase made in the application of DNU 70/23 of the PEN, it is limited to the increase authorized by the enforcement authority (…)”.

This measure will remain valid until a final decision is issued on the constitutionality or unconstitutionality of both regulations. On the other hand, the surrogate judges are the same ones who this Tuesday suspended the part of the DNU articles that allowed it. soccer club Become a sports corporation.