More actions question the law on linking dental plans to the table

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The Federal Supreme Court received two more actions questioning State Law 19,429/2018 of Paraná. The rule establishes that dental care plan operators operating in the state must make payments to dental surgeons no lower than the values ​​established in the Brazilian Hierarchical Classification of Dental Procedures (CBHPO) table. The actions were distributed to Minister Gilmar Mendes, rapporteur of the first action , filed by the National Union of Health Self-Management Institutions (Unidas), which attacks the same rule.

Minister Gilmar Mendes will apply an abbreviated Iran Telegram Number Data procedure to the cases. The actions were proposed by the governor of Paraná, Maria Aparecida Borghetti, and the National Confederation of General Insurance Companies (CNSeg). They allege that the legislation interferes illegitimately with health insurance policy and Civil Law, matters whose legislative competence is exclusive to the Union (article 22, items I and VII, of the Federal Constitution). The minister said that the homogeneous individual interest has as its common origin the Model card contract, in which the illicit charge would be taking place.



Furthermore, they argue that the rule implies an undue restriction on free competition and free enterprise by preventing dental surgeons' fees from being freely negotiated between them and dental operators. In doing so, it would also be violating the freedom of professional practice. According to the governor, the state law goes beyond the consumer relationship and affects the business relationship between the insurance company and the hired professional. According to her, it still institutionalizes the “cartelization of service provision” of dental surgeons within Paraná, in violation of free competition and free initiative.