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CADE signs agreements with medical associations to avoid boycotts and withdrawal

Cease and Desist Agreement

Through the TCCs signed with CADE, besides the pecuniary contribution to the Diffuse Rights Fund (FDD, in its acronym in Portuguese), the associations committed not to force the adoption of CBHPM by hospitals and health insurance plans
published: May 25, 2015 10:00 AM last modified: May 02, 2016 03:16 PM

 

The Administrative Council for Economic Defense (CADE) signed, during the Tribunal’s public hearing on 06 May 2015, two Cease and Desist Agreements (TCCs, in its acronym in Portuguese) with medical associations in Administrative Proceedings which investigate boycott to public hospitals and massive withdrawal from health insurance companies.


The agreements were signed with Central de Anestesiologia Ltda. – Ceanest, which represents professionals of the field in the state of Maranhão (Administrative Proceeding no. 08012.002725/2011-76), and with Cooperativa dos Cirurgiões Cardiovasculares do Espírito Santo – Coopcardio/ES (Administrative Proceeding no. 08012.010629/2007-15).

In both cases, CADE investigated the monopolization of the respective markets by the associations. Furthermore, CADE ascertained the practice of boycotts by Ceanest against health insurance companies that did not adopt the Brazilian Ranked Classification of Medical Procedures (CBHPM, in its acronym in Portuguese), used as a scale of minimum prices for medical fees. Boycotts against the Unified Health System (SUS, in its acronym in Portuguese) by Coopcardio/ES were also analyzed by CADE.

In the last two years, CADE has condemned 19 cases related to infringements to the economic order in the health sector. “The underlying idea in the decision is to strengthen the perception, by the associated medical community, health insurance companies, and consumers that boycotts to force negotiations of medical fees should not be carried out by cooperatives, civil associations and companies that operate in the sector”, noted the Reporting Commissioner, Gilvandro Araújo.

Through the TCCs signed with CADE, besides the pecuniary contribution to the Diffuse Rights Fund (FDD, in its acronym in Portuguese), the associations committed not to force the adoption of CBHPM by hospitals and health insurance plans, not to carry out boycotts or withdrawals, nor to encourage their associates to quit jobs from public hospitals or to give up public examinations for medical positions.