The Justice suspended the increase in the quota of prepaid medicine to a person by age

Increases based on age could be abusive, the court said.
“Increases based on age could be abusive,” the court said.

Room D of the National Chamber of Commerce rejected the appeal of the prepaid medicine company Swiss Medical S.A. against the resolution that ordered him to stop charging a member’s monthly premium increase due to their agereported this Tuesday the website

In the case, the actors are the members of a family group, affiliated with the prepaid company, among whose members is a person over 60 years of age, for whom the company applied an increase in the monthly fee.

Courtroom D considered that the increase due to age applied by the prepaid “clearly involves the constitutional right to health” and is related to “constitutional rights of notorious social importance, whose violation affects the public interest”.

According to the court, they concur in a “sufficient plausibility of the law” since “although they were contractually foreseen increases due to age could be abusive” under the terms of article 37 of the Law for the Defense of Consumers and Law 26,682, Regulatory Framework for Prepaid Medicine.

In its appeal, Swiss Medical had been offended because it indicated that the first instance judge had issued a resolution that implied an undue advance of jurisdiction that “injured its right to property and caused legal uncertainty.”

In addition, they detailed that the increases had been foreseen in the contract, among whose clauses the change of quota category was foreseen when any of the family group reached a certain age.

After reviewing the nature of the contracts, the attorney general, Gabriela Boquinhighlighted the existing disparity between the contracting subjects, where the patient assumes the role of “the weakest part”.

Likewise, it considered the hiring as “massive and standardized” and that the modalities of provision are predisposed in a “unilateral” way by the company “becoming null the possibility of individual negotiation”.

The prosecutor indicated that in a contract for the provision of medical services it is “essential to have the agreement of both parties to alter the essential elements of the legal relationship.”

By virtue of these arguments and that in the case, in principle, the increases were imposed without prior authorization by the controlling entity, the prosecutor requested to annul the increases in fees and roll back their price while the process is ongoing.

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