scholarly journals Evasão estratégica das regulações: a judicialização do sistema privado de saúde brasileiro

2019 ◽  
Vol 17 (3) ◽  
pp. 623-638
Author(s):  
ARNALDO L. RYNGELBLUM ◽  
PAULO C. DUARTE de OLIVEIRA ◽  
RENATO TELLES ◽  
MAYLA C. COSTA

Abstract The article aims to advance the understanding of the successive circumvention of regulations by organizations, to determine whether it is possible to characterize them as purposeful actions, while the institutional literature analyzes decoupling and circumvention as sporadic activities. It analyzes the responses adopted by health plan companies to favor their interests, responses that often fail to comply with the rules of the institutional context, and which boosted the phenomenon known as ‘judicialization’. The study analyzed 158 lawsuits collected from the electronic archives of the Court of Justice of São Paulo, where beneficiaries sue health plan companies because of treatment coverage denial. Using correspondence and thematic analysis, some associations between denials and allegations showed to be significant, suggesting companies’ strategic patterns. It was possible to identify different strategic practices adopted by companies to avoid complying with institutional guidelines, and to observe that certain regulatory features can contribute to non-compliance strategies. The article contributes to the institutional literature by identifying organizational practices meant to successively circumvent and confront institutional prescriptions, indicating that health plan companies apparently design specific strategies to respond to beneficiaries’ demands.

2019 ◽  
Vol 17 (3) ◽  
pp. 623-638
Author(s):  
ARNALDO L. RYNGELBLUM ◽  
PAULO C. DUARTE de OLIVEIRA ◽  
RENATO TELLES ◽  
MAYLA C. COSTA

Abstract The article aims to advance the understanding of the successive circumvention of regulations by organizations, to determine whether it is possible to characterize them as purposeful actions, while the institutional literature analyzes decoupling and circumvention as sporadic activities. It analyzes the responses adopted by health plan companies to favor their interests, responses that often fail to comply with the rules of the institutional context, and which boosted the phenomenon known as ‘judicialization’. The study analyzed 158 lawsuits collected from the electronic archives of the Court of Justice of São Paulo, where beneficiaries sue health plan companies because of treatment coverage denial. Using correspondence and thematic analysis, some associations between denials and allegations showed to be significant, suggesting companies’ strategic patterns. It was possible to identify different strategic practices adopted by companies to avoid complying with institutional guidelines, and to observe that certain regulatory features can contribute to non-compliance strategies. The article contributes to the institutional literature by identifying organizational practices meant to successively circumvent and confront institutional prescriptions, indicating that health plan companies apparently design specific strategies to respond to beneficiaries’ demands.


2020 ◽  
Author(s):  
Natalia Pires de Vasconcelos ◽  
Maíra Rocha Machado ◽  
Daniel Wang

2019 ◽  
Vol 7 (2) ◽  
pp. 32888
Author(s):  
Henrique Souza Barros de Oliveira ◽  
Fernanda Fenner ◽  
Maria Elisa Gonzalez Manso

AIM: This study aims to assess the life quality of a group of elderly people linked to a health plan in the city of São Paulo and to verify which variables affect this construct. METHODS: This is an exploratory cross-sectional study carried out in 2017 with a group of elderly people over 60 years of age and without cognitive deficits, linked to a health plan operator, all residents of the city of São Paulo, SP. The WHOQOL-BREF and WHOQOL-Old self-filled questionnaires were applied and the elderly participants also answered questionnaires relating to sociodemographic, morbidities and the usage of services developed by the researchers.  RESULTS: The research group evaluates their quality of life as good and is satisfied with their health, but some points stand out. For said group, living by themselves, having cardiocirculatory diseases or having more than one chronic disease influenced negatively their quality of life, whereas being in a stable unionship and having access to consultations with intervals below six months interfered positively. It was observed that the group was concerned about issues related to independence, communication capacity, social life, and death. The environment and intimacy were shown as highlights for this group. CONCLUSIONS: It was verified in this group of elderly people that the best quality of life performance was obtained in the Environment and Social Relations domains and in the Intimacy and Past, Present and Future aspects. In addition, sociodemographic, morbidity and health service use variables significantly affected this construct. The characteristics of the research group do not allow us to generalize the findings, but it is hoped to have contributed with the look on a group as diverse as the Brazilian elderly.


2020 ◽  
Vol 54 (5) ◽  
pp. 1472-1485
Author(s):  
Natalia Pires de Vasconcelos ◽  
Maíra Rocha Machado ◽  
Daniel Wei Liang Wang

Abstract Brazil has become the epicenter of the COVID-19 pandemic in the Global South-a pandemic that disproportionately affects vulnerable populations, especially those detained and imprisoned. Legal institutions are struggling to respond. In this paper, we focus on the National Council of Justice’s Recommendation 62, issued March 17, 2020, which recommends that judges take several measures to reduce the risk of COVID-19 infection in prisons. We test this recommendation’s impact by looking at habeas corpus decisions in the São Paulo Court of Justice. The exploratory findings presented here indicate that Recommendation 62 has little impact on habeas decisions. In general, citing the recommendation does not lead the Court to grant early release or house arrest to those detained, and most habeas actions are decided against petitioners. This is true even when petitioners claim to be part of a risk group, or their alleged offense did not involve violence or serious threat-factors that should favor habeas relief under Recommendation 62.


Author(s):  
Maria Elisa Gonzalez Manso ◽  
Leandro Tadeu Prazeres Maresti ◽  
Henrique Souza Barros de Oliveira

Abstract Objective: To measure the Quality of Life (QoL) and associated factors in a group of elderly persons receiving care through a health plan operator in the city of São Paulo, Brazil. Method: A cross-sectional study was carried out with 169 elderly persons enrolled in a health plan and who were participants in a program to promote health and prevent risks and diseases. The Bref and Old versions of the World Health Organization Quality of Life (WHOQOL) instruments were adopted for the evaluation of the QoL of the elderly. After descriptive analysis, a comparative analysis was performed through the Student’s t-tests and ANOVA. The Brown-Forsythe test was applied for situations in which no homogeneity was found and the Tukey test for multiple comparisons was applied. Results: The highest mean QoL values were found in the Psychological [72.1 (±14.3)] and Environment [68 (±15.4)] and Intimacy [72.5 (±20.8)] domains, while the worst results were found in the Physical [64.3 (±18)] domain and in the Death and Dying facet [61.2 (±23.2)]. In this group, factors such as obesity, neoplasia and previous hospitalizations were negatively associated with QoL, whereas young elderly, female, widows, carriers of chronic non-communicable diseases and those limited to two morbidities, who practiced physical activity and had clinical care provided by a reference physician had a positive influence. Conclusion: The findings of this research showed high levels of satisfaction with health and QoL, in addition to raising relevant discussions about predictors that influence the QoL of the elderly receiving care from the supplementary sector. It also emphasizes the need for new strategies of action to ensure improvements in the health care of the elderly.


2017 ◽  
Vol 20 (6) ◽  
pp. 785-796
Author(s):  
Emílio Prado da Fonseca ◽  
Suelen Garcia Oliveira da Fonseca ◽  
Marcelo de Castro Meneghim

Abstract Objective: To investigate factors associated with the use of dental care services. Methods: A cross-sectional study with a representative sample of elderly individuals aged 65 years or older residing in the state of São Paulo in 2015 was performed. Hierarchical multivariate logistic regression analysis was used based on the theoretical model of access determination proposed by Andersen (1995) to predict dental care visits. Results: The prevalence of public service use by the elderly was 1.981 (37.8%), while 3.253 (62.2%) used the private service/ health plan/ other type of service. Hierarchical multiple analysis (p≤0.05) identified that less schooling or never having studied, non-white, lower income and motivated by pain/extraction were associated with the use of public dental services. The study showed a reduced use of public dental care among elderly persons who required some type of upper dentures (except complete dentures), need for some type of lower dentures (including complete dentures) and demonstrated a positive self-perception of oral health condition. Conclusions: A higher prevalence of the use of private dental care/health plan/other type of service was identified. Less schooling or never having studied, non-white skin color, lower income and seeking the dentist with pain or to extract teeth were factors associated with the use of public dental services by the elderly.


Author(s):  
Mônica Ferreira Mayrink ◽  
Heloísa Albuquerque-Costa ◽  
Daniel Ferraz

This chapter aims at presenting an overview of how our experiences as professors of Spanish, French, and English studies at the Department of Modern Languages (DML) of the University of São Paulo (USP) responded to the challenges put forward by the pedagogical and technological practices required since the outbreak of the COVID-19 health crisis, and the adoption of measures of social isolation in the city of São Paulo, Brazil. Our pedagogical practices are shared through a description of the institutional context and our students’ narratives. The chapter is divided into three main sections. The first one presents a brief overview of the institutional context. The second briefly problematizes the decision-making process to go fully online, and the challenges of the remote program. Section three explores the experiences of the three professors and their students by discussing pedagogical practices and students’ feedback. In conclusion, the text discusses the lessons learned for future actions.


2016 ◽  
Vol 15 (2) ◽  
pp. 321 ◽  
Author(s):  
Maria Elisa Gonzalez Manso ◽  
Rafela Camara ◽  
Suely Alves Souza ◽  
Talita Dias Maciel ◽  
Danielle Baptista Livrari Farina

Atualmente as doenças crônicas não transmissíveis são as principais causas de morte no mundo. Consideradas doenças multifatoriais, têm em comum fatores de riscos modificáveis tais como inatividade física, colesterol elevado, excesso de peso, tabagismo, consumo excessivo de bebidas alcoólicas e alimentação não saudável. Com o objetivo de verificar o impacto por um programa de Gerenciamento de Doenças Crônicas, após dois anos de acompanhamento, surgiu esta pesquisa. Trata-se de programa desenvolvido com um grupo de clientes de uma autogestão localizada no estado de São Paulo. É um estudo transversal realizado durante os anos de 2014-2015 com dados de prontuário eletrônico que foram comparados parâmetros clínicos e hábitos de vida de 1.509 indivíduos participantes de um programa de gerenciamento de doenças em dois momentos: na entrada ao programa e após dois anos de participação. Observaram-se resultados satisfatórios na melhora de parâmetros clínicos relacionados aos níveis pressóricos e à dosagem de glicemia em jejum, assim como diminuição do sedentarismo em indivíduos abaixo dos 60 anos.


2020 ◽  
Vol 54 (5) ◽  
pp. 1472-1485
Author(s):  
Natalia Pires de Vasconcelos ◽  
Maíra Rocha Machado ◽  
Daniel Wei Liang Wang

Abstract Brazil has become the epicenter of the COVID-19 pandemic in the Global South-a pandemic that disproportionately affects vulnerable populations, especially those detained and imprisoned. Legal institutions are struggling to respond. In this paper, we focus on the National Council of Justice’s Recommendation 62, issued March 17, 2020, which recommends that judges take several measures to reduce the risk of COVID-19 infection in prisons. We test this recommendation’s impact by looking at habeas corpus decisions in the São Paulo Court of Justice. The exploratory findings presented here indicate that Recommendation 62 has little impact on habeas decisions. In general, citing the recommendation does not lead the Court to grant early release or house arrest to those detained, and most habeas actions are decided against petitioners. This is true even when petitioners claim to be part of a risk group, or their alleged offense did not involve violence or serious threat-factors that should favor habeas relief under Recommendation 62.


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