The justice system ruled again against companies prepaid medicine and in favor of retirees who presented protections against the mega DNU 70/2023. It was ordered that the membership fees be invoiced at the value of the December 2023 fee, and that the adjustments in the following periods be made based on the salary index published by the INDEC.
These are two similar cases initiated by retirees who cannot afford the increases that the prepaid companies ordered after the DNU.
The rulings highlight that retirees suffered significant increases that “are not accompanied by a corresponding increase in retirement benefits.”
In one of the cases, a retiree filed an amparo action against OMINT SA so that it could be ordered to annul the increases made in the health services it provides, under DNU 70/23.
The action requested the declaration of unconstitutionality of the norms that regulate the matter.
Mrs. ML, 76 years old, retired, and MM, 77 years old, also retired, who has suffered from amyotrophic lateral sclerosis since 2009, and has a disability certificate with a diagnosis of “wheelchair dependence.”
He stated that he paid the sum of $409,860 corresponding to the fee for the month of December 2023, which as of the publication of the DNU, the value of the fee for the month of January 2024 amounted to $770,677.
In another case, AMB, 70 years old, retired, suffers from anxiety disorders and took action against Galen. He stated that he paid the sum of $104,627 corresponding to the fee for the month of December 2023, that as of the publication of the DNU the value of the fee for the month of January 2024 amounted to $163,921.16 and that he receives a retirement asset of 203,497, 05.
The federal judge of San Martín Oscar Papavero considered appropriate “the application of the Salary Index prepared by the INDEC, as it reflects – in broad and general terms – the monthly increase in the income of employees.”
The magistrate ordered to partially grant the requested precautionary measures.
In the first case, it resolved to “order the defendant OMINT SA to proceed with the billing of the membership fees at the value of the December 2023 fee, making in the following periods the monthly adjustments that result from applying the Salary Index published by the INDEC”
The measure will be valid for a period that was set at 6 months, or until it is modified by the magistrate who must resolve or issue a final sentence.
The same resolution was issued regarding the Galeno company in the case raised by the retiree.
Source: Ambito
