The problem involving OPMEs and the health plans contracts: outline and analysis of the issue
DOI:
https://doi.org/10.11606/issn.2316-9044.v17i1p145-166Keywords:
Health Plan Contracts, Juridical Decisions, OPMEs.Abstract
This paper has as its scope to introduce and analyze some of most polemic issues involving the indications of OPMEs within the health plans contracts. During the text, are exhibited normative elements related to this context, as well as some judicial decisions concerning this matter, aiming to defend, with reasonable grounds, that the indication of the patient’s doctor, when choosing prostheses and orthoses, cannot be taken as the unique nor necessarily the best opinion, given the existence of other interests, beyond the patient’s health, that are often in stake as well. At the end, it is explained that, in light of the currently existing regulation in Brazil, in the context of the supplementary health system, to the patient’s doctor is given the authority only to indicate the characteristics of the materials needed, leaving it to the health plans Operators the choice of the brand and the manufacturer. As long as the courts deny these rules, this serious problem will not be solved.
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The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en