Brazil Supreme Court seeks conciliation on elderly health insurance law

The Brazilian Supreme Federal Court (STF) has suspended the judgment regarding the application of the Statute of the Elderly to health insurance contracts to attempt a conciliation. The case has been referred to the Consensus Conflict Resolution Center (Nusol) following a suggestion by rapporteur Justice Dias Toffoli.

The legal dispute centers on whether the 2004 Statute, which prohibits premium increases based on reaching the age of 60, applies to contracts signed before the law took effect or only to those signed after 2004. The court is currently split 5-5 on the issue of retroactivity.

The National Confederation of Insurers (CNseg) has filed a declaratory action of constitutionality, arguing the law should not apply to pre-existing contracts. The entity estimates a potential financial impact of up to R$49 billion for insurers if they are required to refund amounts collected in the past. Nusol has an initial 60-day period to present a proposal for modulating the decision's effects after consulting the insurance sector and the National Supplementary Health Agency (ANS).