ABUSE OF REGULATORY POWER IN THE BRAZILIAN SYSTEM OF SUPLEMENTARY HEALTH: AN EVALUATION ABOUT THE METHODOLOGY OF CALCULATION OF THE REIMBURSEMENT OF SUS UNDER THE ECONOMIC FREEDOM BILL
Index of Valuation of Reimbursement (IVR). Abuse of regulatory power. Transaction costs. Economic Freedom Bill (LLE).
This work takes as it’s main object of study to determine if the index of valuation of reimbursement (IVR), the current form of calculation of the reimbursement of theUnified Health System (RESUS), contemporarily prescribed by the Normative Resolution no 504/2022, constitutes a abuse of regulatory power, according to the item V of the article 4 of the Brazilian Federal Law no 13.874/2019, the so called Economic Freedom Bill (LLE). Thus, in particular, the goal is to assess if such regulation, that imposes a multiplier of 1.5 on the values given in SUS`s official table, simultaneously: incurs in a increase of transaction costs, and does not represent a demonstrable benefit, fitting the legal type. For such a task, it is necessary to find the main properties of the regulation under scrutiny (IVR) and, henceforth, to determine the conceptual limits underlying the LLE text, notoriously, those of the “abuse of regulatory power”; “transaction costs” and “benefits”. Once all those premises are established, it should be possible to further the deductive process thru which it should be ascertained if the aforementioned article 4, item V is applicable to the IVR. Therefore, it should also be possible to conclude if there is, or there is not, abuse of regulatory power in this case.