New Law requires health plans to cover treatments that are not part of the ANS list
Plans will now be required to cover treatments that are not part of the National Health Agency's basic reference list, including those that involve cannabinoid therapy
By João R. Negromonte
On the last Wednesday (21), the Law Project that makes it mandatory for health plans to cover treatments that are not part of the basic reference list of the National Health Agency (ANS), was sanctioned by President Jair Bolsonaro.
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The decision puts an end to the so-called exhaustive list of the regulatory body, which was the subject of disputes between the Brazilian judiciary and legislature for a long period. It is then established that the list is definitive, that is, the agency's list will only serve as a reference for the plans, allowing treatments not included in that document to be covered through the health plan, provided that medical necessity is proven.
Thus, health plan beneficiaries will be able to request coverage for treatments not present in the list, including cannabinoid therapy, which is already recognized by Anvisa and the Federal Council of Medicine (CFM) for the treatment of some pathologies such as refractory epilepsy and Multiple Sclerosis (MS).
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The legislature's decision comes as a response to the judiciary which in June this year, through the Superior Court of Justice (STJ), ruled that health plans would not be required to cover treatments outside the list.
Not everyone was satisfied with the president's decision. Health Minister Marcelo Queiroga highlighted in a statement that in practice the action works differently, as