Post by account_disabled on Feb 24, 2024 23:28:16 GMT -5
Collective health plans are based on free negotiation between the contracting parties, and the National Supplementary Health Agency (ANS) is only responsible for monitoring the adopted rates, and not establishing an index as a ceiling.
Based on this understanding, the 10th Panel of the Federal Regional Court of the 1st Region (TRF-1) denied the request of the Regional Council of Engineering, Architecture and Agronomy to apply the 13.57% index as an adjustment to a collective health plan, under the terms provided for by ANS.
The council alleged in the action that the adjustment to B2B Email List the plan was abusive and exorbitant, in addition to having been established without prior notice.
Brazil Agency
10th Panel of the TRF-1 maintained the adjustment provided for in the contract signed by the parties
When analyzing the case, however, the rapporteur of the matter, federal judge Rafael Paulo Soares Pinto, noted that the plaintiff did not point out an error in the methodology used to measure the update index applied to the contract under discussion. The council's argument was based exclusively on the supposed onerousness of the index, having extrapolated the percentage of 13.57% predicted by the ANS in individual plans.
Regarding the adjustment, the judge considered that the contract signed by the parties had clauses that provided that the monthly amount could undergo legal and contractual adjustments.
It is also stated that the application of the indices approved by the ANS is restricted to individual contracts. In this way, the collective health plan is governed by the clauses of the contract signed between the parties, and the value of the monthly fee is established through parameters of the group served by the services, with adjustments being possible both due to the change in age group and the accident rate of the contract.
In the specific context of mergers and acquisitions operations, Drex can be used not only as a means of payment for the acquisition of assets or shares, but also as a form of guarantee, including an escrow account , and a form of compensation payment. . However, despite promising applications of Drex, some challenges persist in the scenarios of operations carried out in M&A, mainly when it comes to compliance with conditions precedent or obligations to indemnify, that is, especially with regard to the application of Drex in transactions not linked to public securities .
In other words, given that Drex is a digital currency that enables the automatic execution of agreed terms and conditional and simultaneous payment, in cases not linked to public securities, it is still uncertain who would be responsible and how the indication of compliance or not the conditions for the transaction to occur. But it is possible for the Parties to establish an impartial third party for such a role.
In this way, Drex presents significant potential to further automate M&A transactions in Brazil. Its solid foundation in blockchain technology and the benefits associated with smart contract automation promise to improve efficiency, security and transparency in corporate operations, as well as reduce the need for intermediaries and provide operational efficiency.
In parallel, from a long-term vision of the Central Bank, it is possible to identify and resolve challenges with regard to market adaptation and the resolution of outstanding procedural issues related to the functioning of automation and conditionality, characteristics of Drex, and thus ensure an effective transition to the digital era.
Based on this understanding, the 10th Panel of the Federal Regional Court of the 1st Region (TRF-1) denied the request of the Regional Council of Engineering, Architecture and Agronomy to apply the 13.57% index as an adjustment to a collective health plan, under the terms provided for by ANS.
The council alleged in the action that the adjustment to B2B Email List the plan was abusive and exorbitant, in addition to having been established without prior notice.
Brazil Agency
10th Panel of the TRF-1 maintained the adjustment provided for in the contract signed by the parties
When analyzing the case, however, the rapporteur of the matter, federal judge Rafael Paulo Soares Pinto, noted that the plaintiff did not point out an error in the methodology used to measure the update index applied to the contract under discussion. The council's argument was based exclusively on the supposed onerousness of the index, having extrapolated the percentage of 13.57% predicted by the ANS in individual plans.
Regarding the adjustment, the judge considered that the contract signed by the parties had clauses that provided that the monthly amount could undergo legal and contractual adjustments.
It is also stated that the application of the indices approved by the ANS is restricted to individual contracts. In this way, the collective health plan is governed by the clauses of the contract signed between the parties, and the value of the monthly fee is established through parameters of the group served by the services, with adjustments being possible both due to the change in age group and the accident rate of the contract.
In the specific context of mergers and acquisitions operations, Drex can be used not only as a means of payment for the acquisition of assets or shares, but also as a form of guarantee, including an escrow account , and a form of compensation payment. . However, despite promising applications of Drex, some challenges persist in the scenarios of operations carried out in M&A, mainly when it comes to compliance with conditions precedent or obligations to indemnify, that is, especially with regard to the application of Drex in transactions not linked to public securities .
In other words, given that Drex is a digital currency that enables the automatic execution of agreed terms and conditional and simultaneous payment, in cases not linked to public securities, it is still uncertain who would be responsible and how the indication of compliance or not the conditions for the transaction to occur. But it is possible for the Parties to establish an impartial third party for such a role.
In this way, Drex presents significant potential to further automate M&A transactions in Brazil. Its solid foundation in blockchain technology and the benefits associated with smart contract automation promise to improve efficiency, security and transparency in corporate operations, as well as reduce the need for intermediaries and provide operational efficiency.
In parallel, from a long-term vision of the Central Bank, it is possible to identify and resolve challenges with regard to market adaptation and the resolution of outstanding procedural issues related to the functioning of automation and conditionality, characteristics of Drex, and thus ensure an effective transition to the digital era.