2023-04-28 00:24:00
The Federal Civil and Commercial Chamber of the Federal Capital confirmed the precautionary measure that ordered a prepaid medicine company to maintain the affiliation of a young man as a member of a family group without differential values in terms of pre-existing diseases, judicial sources reported today.
The spokespersons indicated that the decision was made by Chamber II of the Chamber before the amparo action promoted by DMLR against the prepaid company that opposed the request, arguing that article 10 of Law 26,682 empowers the company to collect these amounts in case of pre-existing diseases.
The defendant stated that when completing the affidavit of health, LR’s spouse stated that her husband had HIV and therefore set a differential fee of 94,000 pesos.
Chamber II of the Chamber recalled that article 14 of the same law, which regulates the coverage of the primary family group, recognizes as a member the “spouse of the holder affiliate” and establishes that “the benefits will not be limited in any case due to pre-existing illnesses “nor can they give rise to differentiated quotas”.
This norm, according to the court’s ruling, contemplates “a protection framework for the primary family group” such as the spouse and minor children, “whose non-owner beneficiaries, incorporated later, are included in the agreed benefit plan.” .
In order to justify the provisional measure, without prejudice to what is ultimately decided, chamber members Eduardo Gottardi and Florencia Nallar concluded that “In the specific case, the affiliation of the spouse who is part of the primary family group, even in the case of a pre-existing illness, does not give rise to the collection of a differential fee”.
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