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Health plan cancellation · SPD Advocacia

Was your health plan cancelled? See if it can be reinstated

Cancellation for late payment, cancellation of a group plan during treatment and keeping the plan after dismissal or retirement. Tell us about the case urgently.

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Can the health plan operator cancel the plan?

An individual or family plan can only be cancelled for fraud or for more than 60 days of late payment, consecutive or not, in the last 12 months, with notice to the consumer by the 50th day of delay. A group plan can be terminated under the contract, but, according to the Superior Court of Justice (STJ), the operator must keep covering anyone undergoing treatment for a serious illness until discharge, if the monthly fee is paid. Those dismissed without cause or who retire may be entitled to keep the company plan.

What the law says

Patient rights

Individual

Cancellation only for fraud or delay over 60 days, with notice by the 50th day.

Group

Treatment of a serious illness must continue until discharge (STJ, Topic 1.082).

Dismissed or retired

Can keep the plan, taking over the payment, as provided by law.

Reinstatement

An irregular cancellation can be reversed with an injunction.

Source: Law 9.656/1998, arts. 13, 30 and 31; STJ, Topic 1.082.

What is your case?

Situations the firm handles

Cancelled for late payment

Without proper notice

Cancellation without notice by the 50th day can be reversed.

Law 9.656/1998, art. 13
Ongoing treatment

Group plan cancelled

Coverage maintained until discharge.

STJ, Topic 1.082
Dismissed

Keeping the company plan

Right to remain, paying the monthly fee, for the legal period.

Law 9.656/1998, art. 30
Retired

Company plan after retirement

Maintained according to the time of contribution to the plan.

Law 9.656/1998, art. 31
Elderly

Cancellation because of age

A discriminatory practice that can be challenged.

Statute of the Elderly
Autism and serious illnesses

Cancellation during therapies

Urgent request to keep the plan.

STJ
This page provides general information, does not replace a review of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Quick review. We check the medical prescription, the denial and the contract or the SUS rule.
  2. Documents. We guide the medical report and organize the denial, tests and ticket numbers.
  3. Request. Complaint, notice or lawsuit with a request for an injunction, depending on the urgency.
  4. Follow-up. Compliance with the decision, renewal of prescriptions and new denials.
5,000+ cases handledTen years of practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let us review the patient's case

Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary by WhatsApp. Everything is protected by professional secrecy.

Common questions

Frequently asked questions

Can the plan be cancelled for one month of late payment?

For an individual plan, no. It requires more than 60 days of delay in the last 12 months and notice by the 50th day.

I was dismissed. Do I lose the plan?

If you contributed to the plan, you may be entitled to keep it, paying the full monthly fee, for a period.

Can it be reinstated with an injunction?

In cases of irregular cancellation or ongoing treatment, yes, depending on the case.

Can a group plan be cancelled at any time?

Under the contract, but coverage for anyone undergoing treatment for a serious illness must continue.

Do you serve patients from other states?

Yes. Service is provided at the office in Anápolis or online for all states.

How much does it cost?

After the review, the firm sends a written fee proposal, before any engagement.

Lawyer for cancelled health plans throughout Brazil

SPD Advocacia, in Anápolis, assists health plan members from all states whose plans were cancelled for late payment, termination of a group plan, dismissal or retirement.

When cancelling the plan is illegal

An individual plan can only be cancelled for fraud or more than 60 days of late payment in the last 12 months, with notice by the 50th day (art. 13 of Law 9.656/1998). In a group plan, anyone undergoing treatment for a serious illness keeps coverage until discharge (STJ, Topic 1.082).

Service throughout Brazil

Service is in person in Anápolis or online for patients in all states.

Informational content, in accordance with OAB Provision 205/2021. Each case depends on a review of the documents, and no result is promised.

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →