The Federal Justice of San Martin ordered one prepaid medicine company cancel the increases applied to one of its affiliates under the provisions established in this regard by Javier Milei’s DNU, which he questions for its “absolute unconstitutionality.” This is the second precautionary measure of the week regarding the rise in prepaid bills.
The ruling gives rise to the precautionary measure requested by Luis Alberto Millet, a retiree served by the prepaid Galeno Argentina SA, which must be limited to “carry out the increases authorized by the enforcement authority under the terms of article 17 (not replaced) of Law 26,682 until a final ruling is issued“.
The decision of the surrogate judge Elpidio Portocarrero Tezanos Pinto It joins the one known days ago by the federal judge of San Martín Martina Forns, who also issued a precautionary measure through which she ordered the Italian Benevolent Society in Buenos Aires to readjust the fees of its health plan, leaving without effect the increases made in application of the DNU.
Portocarrero indicated in his ruling that the plaintiff went from paying a bill of $81,403.22 in December 2023 to one of $151,405.23 in January of this year“which meant an increase of more than 85% from one month to the next, without any warning.”
“On the other hand, on January 4 of this year, it received a new communication, reporting another increase for the month of February of 28.5%”he continued, from which it follows that “during the last month, an increase that exceeds 100% was applied, and according to the attached records, his pension benefits amount to a total of $240,511.67, which is why it is impossible for him face said payment”.
Likewise, it is known that the plaintiff “has suffered from type 1 diabetes since he was 11 years old and also began using an insulin pump 35 years ago.”
The judge considered that the increases based on the DNU place Millet “in a complete state of uncertainty, also causing her, as a consumer, a current damage to their rights, access to health, life and private property guaranteed by articles 17, 42 and 75 inc. 22 and 23 of the National Constitution”.
In that sense, he questioned “the absolute unconstitutionality of DNU 70/2023 that modified the regulatory framework of prepaid medicine and social works, since the constitutional mechanism of the exception was not complied with and therefore transgressed the provisions of article 99, paragraph 3″ of the Magna Carta.
In this regard, he maintained that the decree “is a norm that has modified the regulatory framework of prepaid medicine companies and social works (Law 26,682), repealing through article 267 articles 5 paragraphs G and M and replacing through article 269 the wording of article 17”.
“In this way, the functions of the Enforcement Authority have been repealed, which supervised compliance with the PMO’s benefits, contracts and plans and fundamentally in article 17 (replaced) it had to supervise and guarantee the reasonableness of the plans’ quotas. benefits,” he added.
Furthermore, the judge warned that the Enforcement Authority “should authorize the increase ‘when it is based on variations in the cost structure and reasonable actuarial calculation of risks.'”
Background: a federal judge issued the first precautionary measure against the increase in prepaid bills
On Monday, federal judge of San Martin Martina Forms issued this Monday the first precautionary measure against the increase in a prepaid payment due to the mega DNU of President Javier Milei, which came into force on December 29 and has not yet been validated by the National Congress.
The judge’s ruling became the first precedent to support other claims of unconstitutionality to Justice. In this case, it gave rise to an appeal filed by a 78-year-old member against the prepaid medicine company. Italian Benevolent Society in Buenos Aireswhich is what provides the Italian Hospital.
The woman reported that the monthly payment increased by 40% in January and then she was notified of a new increase of 29.5% for February, while her pension benefits amount to the sum of $323,089.39, making it impossible for her to face said payment.
In this sense, and by order of the magistrate, the health provider must “readjust the fees corresponding to your assistance plan, leaving without effect the increases made in application of DNU 70/23 of the PEN, limiting yourself to making the increases authorized by the application authority in the terms of art. 17 (not replaced) of Law 26,682 until a final ruling is issued.”
The prepaid company must credit the amount overcharged to the affiliate within 48 hours of the ruling, under warning of the law.
Source: Ambito
