EXEMPLIFICATIVE DIMENSIONING OF THE ANS LIST OF PROCEDURES FOR PEOPLE WITH CANCER: AN ANALYSIS OF DECISIONS MADE BY THE COURT OF JUSTICE OF TOCANTINS

Abstract

This study aims to explore the exemplifying nature of the List of Procedures from the National Supplementary Health Agency (ANS), focusing on its applicability in the treatment of cancer patients who are beneficiaries of private health insurance providers. By examining the decisions handed down by the Court of Justice of Tocantins (TJTO), this study investigates the impact of Law nº. 14.454/2022, which modifies Law nº. 9.656/98, on the coverage of treatments and procedures not included in the supplementary health list, emphasizing the jurisprudential understanding of the right to health. The study highlights the jurisprudence of the Superior Court of Justice in judgments prior to this legislative innovation, analyzing the implications of the position adopted by the Superior Court. Through case analysis, this paper underscores the impact of legislative changes on the interpretation of the regulated list’s nature and the TJTO's non-restrictive approach, emphasizing the relevance of these decisions for access to oncology therapies within the supplementary health system regulated by ANS.