In a recent decision, the STJ determined that the Health Plan was obliged to provide imported medication that is not yet registered with ANVISA (National Health Surveillance Agency).
This decision ends up setting a precedent that overturns what was decided by the same Court through Repetitive Theme 990, according to which “health plan operators are not obliged to provide medication not registered with ANVISA”.
The difference is that, in the case under discussion, the medication prescribed by the doctor to treat a patient diagnosed with ASD (Autism Spectrum Disorder) had authorization for importation for personal use granted by ANVISA, which, in the understanding of the STJ, is a measure that demonstrates the health safety of the drug, thus making it mandatory for health plans to supply it.
This is an important decision that can help guide health plan users in deciding which medication to use, in order to protect their rights.
