Publicado em 22/05/2020

Covid-19 | Judge revokes injunction and restores grace period for health plans in Covid-19 cases

On 5/14/2020, the judge of the 4th Civil Court of the District of Natal/RN, revoked the injunction granted in a the civil class action filed against health insurance companies, which ordered the medical assistance of their customers in suspected or confirmed cases of covid-19, regardless of the grace period in their health insurance plans.

The health insurance companies, displeased with the injunction, required the reconsideration of the injunction, arguing that the grace period is “provided aiming to meet a  minimum revenue reserve to ensure the attendance of the medical plans”, and its possible disregard would expose the health operators to a “huge legal uncertainty, leaving them vulnerable to harmful hiring

Therefore, the judge reconsidered his judgment and revoked the injunction, under the justification that the full use of the private health system without the respective consideration would cause a contractual imbalance in prejudice of health insurance plans, since “there is no way predict how long the calamity decreed in February 2020 will last”.

The full text of the decision can be accessed here.