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Practice areas · 09

Healthcare Law

Work with health plan operators, providers and medical auditing in a regulated sector where every decision becomes an urgent case.

Healthcare Law

Brazil's private healthcare sector lives with three simultaneous pressures: regulation by ANS (Brazil's private health insurance regulator), litigation over coverage with urgent injunctions, and the commercial relationship between operators and providers, marked by billing disputes and price adjustments.

We advise health plan operators, hospitals, clinics, cooperatives and medical auditing companies on contracts, regulatory compliance, billing disputes and defence in court and administrative proceedings.

How we work

01

Defence in coverage claims

Responses to injunctions, statements of defence and appeals in claims about coverage, provider networks, price adjustments and reimbursement, with technical and regulatory grounds.

02

Healthcare sector contracts

Provider accreditation, hospital services, medical staff, group and corporate plan contracts, with clear rules on billing, auditing and price adjustment.

03

Regulatory compliance and dealings with ANS

Monitoring of the obligations under Law No. 9,656/1998 (Brazil's private health plans act) and the regulator's rules, defence in administrative proceedings and support during inspections.

04

Billing disputes and medical auditing

Review and challenge of technical and administrative billing rejections, design of appeal workflows and recovery of amounts owed to the provider.

05

Civil liability of healthcare providers

Defence of hospitals, clinics and professionals in damages claims and in proceedings before professional councils.

06

Data protection for health data

Compliance for the processing of patient and member data, classified as sensitive personal data under Law No. 13,709/2018 (LGPD), with documented policy, legal basis and security controls.

Why work with us

Both sides of the chain

We act for operators and for providers in different matters, which helps us anticipate the other side's argument in negotiation and in court.

Regulatory and litigation integrated

The court defence uses the right regulatory argument, and the contract is drafted with an eye on how a judge will read it.

Response that matches the urgency

Healthcare claims move in hours. We organise the team to deal with injunctions within the time they allow.

Frequently asked questions

Must a Brazilian health plan cover a procedure outside the ANS list?

The general rule is coverage of the procedures listed by ANS, with exceptional cases of coverage beyond the list defined by statute and case law. Each case turns on the prescription, the scientific evidence and the absence of a listed alternative, so the analysis is individual and technical.

What is reimbursement to the public health system?

It is the operator's duty to reimburse the government when a plan member is treated by the public network for a procedure covered by the contract, provided for in Law No. 9,656/1998. The charge is made administratively and can be challenged where there is an identification or coverage error.

How can a provider challenge a rejected invoice?

The challenge starts with the billing appeal workflow set out in the accreditation agreement, which has its own deadlines and documentation. Once administrative remedies are exhausted, court recovery is available and depends on well documented medical records, authorisations and invoicing.

Can an operator terminate a corporate group plan?

Yes, subject to the contract terms, prior notice and the ANS rules for group contracts, which follow a different regime from individual plans. The form and timing of the notice are frequently the decisive point in any later court dispute.

Can patient data be shared between provider and operator?

Yes, where there is an adequate legal basis and a defined purpose, because health data is sensitive personal data under Law No. 13,709/2018 (LGPD). Sharing requires a contractual instrument, minimisation to what is necessary and documented security controls.

Contact

Operator, hospital or clinic facing an urgent matter?

Talk to our healthcare team about injunctions, billing disputes, contracts and regulatory requirements.

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