Post by account_disabled on Jan 31, 2024 9:00:30 GMT
It is impossible to legally determine the supply of imported medicine without registration with the National Health Surveillance Agency (Anvisa). This is because the registry serves as a basis for protecting public health, and failing to comply with it would be an affront to article 12 of Law 6,360/76 . This was the understanding of the 3rd Panel of the Superior Court of Justice when granting an appeal from a foundation that had been forced to pay for cancer treatment, including medication. In first and second degree decisions, it was determined that it also supplied the imported drug Levact, whose active ingredient is bendamustine.
The São Paulo Court of Justice determined full Buy Phone Number List coverage of the treatment and ordered the foundation to pay R$10,000 for moral damages. At the STJ, the foundation claimed that the supply of the medicine, which is imported and not registered with Anvisa, could generate a health infraction. reproduction Nancy Andrighi explained that CNJ Recommendation 31 warns the judiciary to avoid “authorizing the supply of medicines not yet registered by Anvisa, or in the experimental phase”. He also said that the insured person's health plan “is self-managed and not individual, and non-covered services and procedures cannot be added”. The entity also stated that the Consumer Protection Code is not applicable to self-managed healthcare providers.
The rapporteur of the case, Minister Nancy Andrighi, recalled that the 2nd Section of the STJ, when judging REsp 1,285,483, ruled out the application of the CDC to the health plan contract administered by a self-management entity, due to the lack of a consumer relationship. “The fact that the administration, through self-management, rejects the application of the CDC does not affect the principle of the mandatory force of the contract ( pacta sunt servanda ) and the application of the rules of the Civil Code in contractual matters, which are as rigid as consumer legislation”, explained Nancy Andrighi , and the foundation must comply with the contract for the provision of health care services.
The São Paulo Court of Justice determined full Buy Phone Number List coverage of the treatment and ordered the foundation to pay R$10,000 for moral damages. At the STJ, the foundation claimed that the supply of the medicine, which is imported and not registered with Anvisa, could generate a health infraction. reproduction Nancy Andrighi explained that CNJ Recommendation 31 warns the judiciary to avoid “authorizing the supply of medicines not yet registered by Anvisa, or in the experimental phase”. He also said that the insured person's health plan “is self-managed and not individual, and non-covered services and procedures cannot be added”. The entity also stated that the Consumer Protection Code is not applicable to self-managed healthcare providers.
The rapporteur of the case, Minister Nancy Andrighi, recalled that the 2nd Section of the STJ, when judging REsp 1,285,483, ruled out the application of the CDC to the health plan contract administered by a self-management entity, due to the lack of a consumer relationship. “The fact that the administration, through self-management, rejects the application of the CDC does not affect the principle of the mandatory force of the contract ( pacta sunt servanda ) and the application of the rules of the Civil Code in contractual matters, which are as rigid as consumer legislation”, explained Nancy Andrighi , and the foundation must comply with the contract for the provision of health care services.