The Superior Court of Justice decided to apply the readjustment index authorized by the National Supplementary Health Agency to a corporate collective plan contracted by a company to serve members of the same family. The decision was made in Special Appeal No. 2,228,444-SP, published in the National Electronic Judicial Gazette on August 24, 2026.
The judgment considered that, given the characteristics of the contract and the absence of technical proof of readjustments by claims experience, the annual indices defined by ANS for individual and family plans should be applied. The court also declared invalid the unilateral termination of the contract without proper justification.
In the analyzed case, a contracting company challenged in court the readjustments applied by the operator in a corporate collective plan. At first instance, the Court had already determined the replacement of the readjustments made between 2016 and 2021 by the indices established by ANS.
