Agência Nacional de Saúde Suplementar e falhas de mercado: a regulação dos planos de saúde suplementar

Abstract

This paper aims to delineate the history of the right to health and market regulation with concepts of the law and economics, to define or to allow conclusions about the efficiency of regulation against fraud rates. For this, an analysis of the historical concepts of the right to health is carried out, and then concepts adopted in Brazil. It is also shown the right to health in Brazilian legislation, in order to understand its importance. Subsequently, there is a comparison of the ways of providing the service to health, which can be done through public or private assistance; analysis of the substance of greater relevance for the context of this work; sources of public and private assistance; and their legal nature. Afterwards, we will analyze the scope of regulatory agencies and, more specifically, the creation and updating of the National Agency for Supplementary Health. In the end, under the umbrella of widely diffused concepts of law and economics, such as a market with imperfect information and market failures, an empirical analysis of existing health data, as well as spending on fraud and errors. Regulatory agencies have great importance in maintaining the market, but excessive regulation can generate negative incentives.