Law No. 10185, 12 February 2001

Original Language Title: Lei nº 10.185, de 12 de Fevereiro de 2001

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LEI NO. 10,185, OF February 12, 2001

Disposes about the specialization of the insurers ' societies in private health care plans and gives other arrangements.

I do know that the President of the Republic adopted the Interim Measles No. 2.122-2, of 2001, which the National Congress adopted, and I, Antonio Carlos Magalhães, President, for the purposes of the provisions of the single paragraph of art. 62 of the Federal Constitution, promulgated the following Law:

Art. 1º The insurer companies will be able to operate the framed insurance in the art. 1º, inciso I and § 1º, of Law No. 9,656 of June 3, 1998, provided that they are constituted as insurers specialized in that insurance, owing to their social status vetting of acting in any other branches or modalities.

§ 1º The insurance companies that already operate the insurance that it treats the caput of this article, jointly with other branches of insurance, should arrange for their specialization up to 1º July 2001, to be processed next to the Superintendency of Private Insurance-SUSEP, upon spin-off or other pertinent societional act.

§ 2º The specialized insurer companies, pursuant to this article, shall be subordinated to the standards and the surveillance of the National Health Agency-ANS, which may apply them, in the event of a breach of the legislation that regulates private health care plans, the penalties provided for in Law No. 9,656, 1998, and Law No. 9,961 of January 28, 2000.

§ 3º Caberá, exclusively, to the Supplementary-CONSU Board of Health, pursuant to Law No. 9,656, 1998, and to ANS pursuant to Law No. 9,961 of 2000, to discipline the insurance of which it treats this article as to the subjects predicted in the incisos I and IV of the art. 35-A of the said Law No. 9,656 of 1998, as well as on the operating permit and operation of the specialist insurers.

§ 4º While the holding companies will not promote their specialisation in health, under the terms of this article, they will be subject to the supervision of SUSEP and ANS within their respective competences.

§ 5º The insurance companies specializing in health insurance, pursuant to this article, will remain subordinated to the standards on the applications of the secured assets of the technical provisions dispatched by the Monetary Council National-CMN.

Art. 2º For the purpose of Law No. 9,656, 1998, and Law No. 9,961, 2000, it frames health insurance as a private health care plan and the health insurance company specializing in health as a health care plan operator.

Art. 3º The insurer society that does not adapt to the provisions of this Act is obliged to transfer its health portfolio to the already established specialist insurer society or to the operator of private health care plans, which comes to present the succession plan by the standards set by the ANS.

Single paragraph. The deadline of 1º July 2001 should be observed for the transfer of the health portfolio of which it treats the caput of this article.

Art. 4º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2.122-1 of December 27, 2000.

Art. 5º This Law comes into effect on the date of its publication.

National Congress, on February 12, 2001; 180º of Independence and 113º of the Republic.