TRF-4 confirms fine for health plan that did not pay scrub nurse

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The scrub nurse in an operation must be paid by the health plan. With this understanding, the Federal Regional Court of the 4th Region declared the legality of the fine imposed on a health plan operator by the National Supplementary Health Agency (ANS).


The fine was applied in 2017, with the understanding that the operator had violated the law that regulates private health care plans and insurance. The company filed a lawsuit asking for the fine imposed to be declared null and void, claiming that the law does not impose a duty to cover the instrument technician's fees.

The Federal Court of Curitiba considered B2B Lead Unimed's request to be valid. According to the ruling, operators are not obliged to pay for this service, since surgical instrumentation is not an activity exclusive to the nursing area.

By majority, the 4th Panel decided to grant the appeal. The case's rapporteur, federal judge Luís Alberto d'Azevedo Aurvalle, explained that the fact that the activity is not exclusive to nurses is not decisive for the case. “What is important to know is whether, whether or not carried out by a nurse, such activity is essential to the surgical procedure. And the answer is yes”, he highlighted.



For the judge, “it is beyond normality to surprise the user of a health plan, undergoing a surgical procedure, with charges for scrub nurse fees, as this professional must necessarily be part of the medical team”. With information from the TRF-4 Press Office.