The cancellation of a health insurance plan does not become valid automatically on the date indicated in the letter sent by the operator. The validity of the termination depends on the type of contract, the conditions provided in the contract, and the existence of an adequate justification for the termination. The analysis must consider the rules of the National Supplementary Health Agency, the legislation of the sector, and the jurisprudence of the Superior Court of Justice.
Lawyer Elton Fernandes, a specialist in Supplementary Health Law and guest professor at the University of São Paulo, highlights that the cancellation notice must be evaluated within this normative context. He is the author of the Supplementary Health Law Manual.
In March 2026, the Second Section of the STJ ruled on Topic 1.047 of repetitive appeals, establishing a specific parameter for these issues. The court established a thesis on the unilateral termination, by the operator, of corporate health insurance plan contracts.
The rapporteur of the case was Minister Raul Araújo, who defined the criteria that operators must follow for the cancellation of corporate health insurance plans to be considered valid.
