Health: Collective protection against abuse by prepaid drug companies | The judge for civil and economic cases allowed a submission against DNU

While prepaid health companies are preparing to deal a powerful blow to their partners in the coming days by increasing to 50 percent the first fee of the Miley government after the inauguration, Macri & Cía., civil judge and commercial director, acknowledged that the treatment of collective protection, which refers to the right for health, against the mega-decree of necessity and urgency 70/2023, which leaves no right to attack. This is the second case that has been ordered to be registered in the Register of Collective Proceedings.

Last Tuesday, a direct employee of Swiss Medical SA initiated a claim for protection from the National State to declare the unconstitutionality of Articles 267 and 269 of the DNU, signed by Miley, based on the work of Federico Sturzenegger when he was a member of the party. the campaign of Patricia Bullrich, the PRO candidate who was defeated in the general election and reworked by the Libertarian government.

The Federal National Civil and Commercial Court3, headed by Juan Rafael Stinco, has now recognized the amparo case and ordered its registration in the Register of Collective Proceedings. He argued that the executive branch enacted legislation repealing Article 5, Subsection g, and the first two paragraphs of Article 17 of Public Order Law 26682, leaving it to the discretion of medical companies to set the cost of providing their medical services. services.Medical service. He added that arbitrary quota pricing by these firms would change the economic equation envisioned at the outset of current contracts in their favor.

In his ruling, Stinko argued that the realization of the legal good whose protection is sought is related to the right to health and the intervention of a specialized organization in determining the price that some agents of the national health system set for their products. . services. The judge stated that based on an understanding of the legal benefit and the mechanisms provided by law for such implementation, it is possible to determine the safeguards inherent in an individual class action, distinguishing it from claims of unconstitutionality brought with another object.

The resolution, reviewed by the specialized website Palabras del Derecho, states that the attacked norm has the peculiarity of changing existing laws regulating very diverse issues, therefore the consideration of the existence of favorable assumptions for the measures taken (necessity and urgency) in the provisions of paragraph 3 of Article 99 of the National Constitution must be carried out independently and in relation to each specific issue.

Stinko noted that the lawsuit does not include judicial review of the legality and reasonableness of any specific price increases or fees associated with health care services provided by prepaid companies, or specific situations in which an aggrieved person has appropriate procedural remedies to protect his or her rights. . rights.

Finally, the magistrate recognized that the claim was considered a collective defense, for which he ordered its registration in the State Register of Collective Proceedings, specifying that the group included all persons affected by the repeal provided for in Articles 267 and 269 of the Criminal Code. DNU Miley, the unconstitutionality of which is the subject of the claim, and that the defendant is the nation state.