A large part of prepaid medicine consumers have been affected by the deregulation in the price of coverage of the same ones established by DNU 70/2023 of the government of Javier Mileigenerating as a consequence their access to Justice to try to explain that they cannot meet the quotas and thus achieve a stop to the increases.
After several judicial resolutions issued in favor of users of prepaid medicine companies, who achieved the readjustment of billing and the brake on increases stipulated since January of this year, we must now ask ourselves: Who can claim? What is the best way to do it? What must be proven?etc., let’s look at these questions in detail.
Now, we are all wondering who can claim and they are all those members for whom the stipulated increases, from January of this year to the present, have been affected in such a way that payment of the bill became impossible or very difficult to comply with, producing a disproportion between the prepaid payment and your income.
Although being a hypervulnerable consumer, such as retirees, retirees and/or pensioners, or suffering from some type of illness, generates a presumption in favor of the member, The truth is that any member of a prepaid company can claim, as long as the increase affects you in a direct and real way, it is not necessary to belong to a vulnerable group, nor to demonstrate serious circumstances.
And the best way to do it that we always advise is choose the procedural route that best suits the member’s particular situation.
In cases where members are hypervulnerable consumers (due to advanced age or because they are experiencing some type of illness), we consider that a Precautionary Measure in the Federal jurisdiction, which is characterized by being expeditious and not having a prolonged evidentiary activity during the judicial process.
One of the main arguments presented by the judges to give rise to the claims of the members is the fact that the suppression of intervention in the control of the prices of prepaid medicine by the State, would leave the right to health and life to the unscrupulous laws of the market and even, The increases could cause members to renounce medical benefits, which would entail enormous damage to their health.
With which it should be proven, in all cases, that the increases stipulated by the prepaid have not accompanied the increase in pensions, increases in salaries or even the income of affiliates who are independent. By proving this, it will be possible to show that, since there is inequity in such increases, it becomes impossible to be able to pay the bill. The main objective of these rulings being the preservation of the principles that govern the care of health and people’s lives.
It is important to know that, when filing a judicial claim, what must be requested is the “readjustment of the value of the prepaid”, thus taking the value back to December 2023. And, on the other hand, it is requested that The increase in quotas is calculated based on the variation in the Salary Index prepared by INDEC, while it reflects – in broad and general terms – the monthly increase in the income of employees.
Among some of the cases that have been initiated in the law firm, we have obtained several rulings favorable to the claims for the cessation of the increases. As an example, we can mention the case of a couple of retirees who have OSDE prepaid medicine, who after having initiated the claim, have managed to stop the increase, until a response is obtained from the Supreme Court regarding the request for unconstitutionality. of DNU 70/2023.
What was expressed by the Federal Jurisdiction of San Martín was the following: “Partially give rise to the precautionary measure and order the defendant to proceed with the billing of the membership fees at the value of the December 2023 fee, carrying out the following periods the monthly adjustments that result from applying the Salary Index published by the INDEC, within the notified period of five days. Considering the arbitrary and excessive increases applied to a vital service for people’s health.
Another of the judicial bases for which the consumer claim is accepted is that The nature of the prepaid medicine contract entails a business risk which is not acceptable for prepaid medicine companies to immediately transfer to users.since otherwise it has an economic impact on the value of the fees, causing harm to the user instead of adopting relevant provisions for this purpose to protect them.
For all these reasons, it is important that they consult regarding the particular situation of each member, in order to be able to defend their rights as consumers and their right to access health. The claim can be initiated by people from all over the country since health is an issue that falls under the jurisdiction of the Federal Court.
Mariela Dobias, lawyer Folio: T131.F70 CPACF
Luciano Pisani, lawyer Folio: TXVF825 CAM
Source: Ambito
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