You can ask for portability who fits in these conditions and contracted the plan after January 1, 1999, or had your plan adapted to the Health Plans Law (Law No. 9,656 / 98). As portability is a contract with exemption from the grace period, the user must also comply with all the rules for contracting the chosen plan.
The minimum period that the user must remain in the health plan before applying for portability for the first time is two years, which can reach three years if he is fulfilling a Temporary Partial Coverage (CPT). If you have already requested portability before, the required stay may drop to one year.
Once these requirements are met, the user can request portability at any time, as long as he is not hospitalized. With the exception of some cases, it is necessary to choose a destination plan with a price compatible with that of the current plan, which can be checked in the ANS Guide to Health Plans. On this page, it is possible to generate a compatibility report between the plans following the steps outlined in this video.
Despite providing this service, ANS does not carry out the portability request itself. To do this, the user needs to request the exchange from the destination operator and cancel the plan at the originating operator after the change is completed.
The compatibility report generated in the site ANS has an expiration date of five days after its issuance, and is one of the documents used to request portability at the destination plan operator, and can be replaced by the portability protocol number, which is also issued in the ANS Plans Guide In addition, it is necessary to present proof of payment of the last three invoices or a statement from the current operator that the beneficiary is up to date with payments.
When requesting portability, the user will also need to prove that he has fulfilled the minimum period of permanence in the current plan. To do this, you can submit the signed membership proposal, the signed contract or a statement from the operator of the original plan or the contractor of the current plan.
The portability request must be analyzed within ten days by the operator of the destination plan, and, if there is no response, the exchange is considered valid. As of the change, the user has five days to cancel the previous plan, or will be subject to fulfilling deficiencies in the new plan.
Health plan operators cannot charge for the exercise of portability or discriminate prices for those who exercise this right. It is also prohibited to require filling in a new Health Declaration form, unless the new plan has coverage that was not provided for in the original plan.
If the destination plan has coverage not foreseen in the current plan, the user will be able to fulfill the grace period only for these services. In this case, the grace period is limited to 300 days for deliveries and 180 days for other coverages.
Other questions on the topic can be answered at sitand ANS, in the frequently asked questions section.
The regulatory agency has also published a booklet in which it explains all of these rules and guides users on exceptional cases. The requirements for portability do not apply entirely to four cases: when the collective plan is canceled by the operator or by the contracting legal entity, such as a company, for example; when the plan holder dies; when the plan holder loses his employment with the contracting company; when the beneficiary loses the status of holder.
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