Necessity and Urgency Decree No. 438/2021 on the modification of the system of election of workers’ health insurance.
Labor & Social Security Law | Necessity and Urgency Decree (“DNU“) N°438/2021 on the modification of the system of election of workers’ health insurance.
Dear Mis or Madam,
On July 7, 2021, the Necessity and Urgency Decree No. 438/21 (“DNU”) was published in the Official Gazette. Such DNU modified the system of election of the health insurance of workers.
The DNU establishes:
(i) Workers who initiate an employment relationship must remain one year affiliated to the health insurer corresponding to their activity before being able to exercise the right of changing the insurer.
(ii) The right of changing the health insurer can be exercised only once per year and will become effective as of the first day of the month following the formalization of the change request.
(iii) The right of changing the health insurer must be exercised individually and personally by the worker through the modalities provided by the Superintendence of Health Services.
(iv) The exercise of this right shall include all the beneficiaries included in Act 23,360 of Heath Insurances.
(v) The insurer must guarantee the beneficiaries free access to detailed, complete, and adequate information regarding the benefits of the coverage.
(vi) The provisions of (i) shall apply to those workers who started an employment relationship before the DNU entered into force and who did not complete a year of employment at such date. Notwithstanding, if the worker had made use of the right of changing the health insurer before the entry into force of the DNU, said option will be respected.
Should you require any further information on this matter, please do not hesitate to contact us.
María Eduarda Noceti