Overview

• The Supreme Federal Court opened judgment on the constitutionality of Law 14.454/2022 after hearing oral arguments in April.
• Unidas asks the Court to strike parts of the law and to condition any exceptional coverage to an ANS protocol, citing legal uncertainty and rising litigation.
• The law converted the ANS rol from a closed list to a reference and authorizes coverage outside it with medical prescription plus scientific evidence, accepting assessments by Conitec or reputable international health technology agencies.
• The federal government’s AGU defended the statute, saying the anticipated imbalance did not occur and operators have posted billion-real profits in recent years.
• Consumer advocates, including Idec, expect the law to be upheld and submitted an economic analysis asserting financial sustainability, while warning that added judicial criteria would weaken consumer protection.