Moraes interrupts trial regarding age-based health plan readjustments.

Justice Alexandre de Moraes requested a review and interrupted, this Wednesday the 5th, the judgment of ADC 90 in the Supreme Federal Court. The action discusses whether an article of the Statute of the Elderly Person, which prohibits readjustments in health plans based on the beneficiary's age, can also be applied to contracts signed before the law came into effect, on December 30, 2003.

The trial had resumed with the reading of the dissenting opinion of Justice Flávio Dino , who agreed with the rapporteur, Justice Dias Toffoli , on the constitutionality of the rule, but proposed a modulation of effects so that its application would only occur prospectively, without retroactivity. He disagreed, however, regarding its scope.

According to Dino, the rule also applies to older plans, encompassing all contracts, including those signed before 2003. The minister explained that only the financial effects would be modulated – there would be no "arrears" to be paid to the elderly, and the reduction in monthly fees would only apply to the future. Dino argued that all differentiated adjustments made in the past, in violation of the Statute, should be reviewed by the National Supplementary Health Agency (ANS), which should recalculate the values ​​and apply the new rules.

ADC 90 is being judged together with Extraordinary Appeal 630.852, in which the majority of ministers have already expressed their opinion on the possibility of applying the Statute also to old contracts, especially those renewed after 2003. The president of the STF, Edson Fachin decided to await the outcome of the ADC (Direct Action of Unconstitutionality) in order to harmonize understandings and proclaim a single result.

The conclusion of the case is eagerly awaited by consumers and the supplementary health sector. The Supreme Court's decision should determine whether health plans can maintain age-based adjustments in older contracts and how the new rules will be applied, with a direct impact on the protection of the elderly and the economic balance of the operators.