The judge of Concepción of Uruguay María Isabel Caccioppoli accepted a precautionary measure in favor of an OSDE affiliate who
ordered the increases made in application of DNU 70/23 to be void.
In a ruling, the judge also ordered that the increases in the quotas be carried out in accordance with what is provided for by
"the Enforcement Authority
applying Article 17 (not replaced) of Law 26,682 until a final ruling is issued," that is, the Superintendency of Health Services.
Business sources stated that OSDE
will surely appeal this first instance ruling.
The precautionary measure extends "the effects collectively to all cases of future adherents who are in the same circumstances with similar fee increases by OSDE."
It happens that the judge admitted that the processing of the file is
for collective protection and ordered its registration in the Public Registry of Collective Processes.
The judge ordered that the group be made up of all the members of the OSDE company who are affected by DNU 70/23 and that the object of the claim "is for the purpose of being sentenced to annul the increases made by said prepaid medicine company, limiting itself to making the increases authorized by the enforcement authority in the terms of article 17 of law 26,682, and the declaration of unconstitutionality of DNU 70/2023".
The complainant was a 69-year-old person who had been affiliated with the prepaid plan for 30 years and that the fee he was paying in the month of December 2023 to March 2024 "suffered an increase of 86.8% , that amount with respect to the pension he has made it impossible for him to pay the benefit.
DNU 70/23 modified the regulatory framework of prepaid medicine companies and social works (Law No. 26,682), repealing through art.
267 articles 5 incs.
It also points out that "the lack of supervision of prepaid medicine companies and/or the non-requirement of requesting authorization from them led to the logical consequence of the increases for what is claimed here and which, as it appears from the accompanying invoices, are higher." to 85% of what was paid in the month of December 2023. Likewise, for the month of February, an increase of 28% has been announced, for the month of March 19%.”