A widow can get a health plan after her husband dies

Unanimously, the Third Panel of the Supreme Court of Justice (STJ) decided on Tuesday (20/6) that an elderly woman can take ownership of a group health plan by joining after the death of her husband indefinitely. On the other hand, the full costs of the monthly fee must be borne by the widow.

The ministers fully followed the vote of Minister Nancy Andregui, the Cabinet Rapporteur Special appeal 2,029,978 / SP, which went back to the antecedents of the third panel. The judge explained that the death of a health plan holder opens the door for dependents to apply to become plan holders, citing Articles 30 and 31 of the Health Plans Law (Law 9.656/1998).

“An elderly beneficiary who loses dependency status due to the death of the bearer after more than 10 years of contribution is entitled to assume ownership of the group health fund by joining indefinitely while the contract between the operator is concluded and the operator is effective against policyholders and provided To bear the full cost, without prejudice to exercising the right at any time to transfer the deficiency to contracting with another health plan.

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The decision, which also grants the right to the possibility of transfer of grace periods, preserves the transfer of property previously determined by the Court of Justice of São Paulo (TJSP). Thus, the agent must maintain the coverage specified in the contract.

And Amiel’s defense argued at the session that the death of the husband ended the legal relationship of the contract and that the matter would not be returned to the judiciary to legislate on this issue, even if it returned to the social function of the contract. The thesis, however, was not accepted.

In the application, the health worker stated that the contract does not provide for remission after the death of the pregnant woman. So you have to switch to the single method after 24 months which was denied.

Melissa Duarte – Reporter Guta about health coverage in the three countries. She holds a degree in Journalism from the University of Brasilia (UnB). He has worked for O Globo, Poder360 and Correio Braziliense newspapers. e-mail: [email protected]