The Court ordered, this Thursday (5), the blocking of up to R$65.7 million from the accounts of the State of Tocantins to guarantee the payment of debts with the accredited network of the state employees' health plan (Servir). In the same decision, the judge ordered that partner hospitals, clinics and laboratories resume and maintain all services to beneficiaries.
The measure was taken by judge Valdemir Braga de Aquino Mendonça, from the 2nd Finance and Public Records Court of Palmas, in response to a request from the Public Defender's Office of the State of Tocantins (DPE-TO), in an action to enforce a sentence.
The court decision comes after private health providers announced this Wednesday (4) the suspension of consultations, exams and elective surgeries by Servir and the Unified Health System (SUS), alleging delays in state transfers.
The value of R$65.7 million corresponds to the average monthly cost of the assistance plan for employees. According to the decision, the judge ordered that the blocking be carried out through the Sisbajud system and that the resources be transferred to a judicial account linked to the process.
The decision does not determine the resumption of services by the SUS. g1 requested a position on the blockade from the Tocantins government, but there was no response until the last update of this report.
The Union of Hospitals and Health Services Establishments of the State of Tocantins (SINDESSTO) informed that it will not take a position as it is not aware of the decision.
The resources will be used to pay service providers accredited to Servir. To enable the release of amounts through permits and payment orders, the state government will have a non-extendable period of 72 hours to prove compliance with the financial schedule agreed with the health entities.
Furthermore, the government must present a detailed and individualized statement of due and audited invoices for each clinic, hospital and laboratory, with information on the amounts invoiced, audited and the net balances receivable.
According to the decision, the release of resources to providers will be subject to proof that they are offering comprehensive care to beneficiaries.
The Court also ordered the subpoena, as a matter of urgency, of the Hospitals Union and the entire accredited private network. According to the court order, establishments must maintain or fully restore services to Servir users, without suspending, restricting or refusing services on the grounds of delay in payments by the State.
The determination covers:
Medical consultations;
Diagnostic and laboratory tests;
Hospitalizations;
Elective and emergency surgeries.
In case of non-compliance, those responsible may suffer sanctioning measures and be civilly and administratively liable.
In the decision, the judge highlighted that the plan serves more than 80 thousand public servants and dependents, who contribute monthly with payroll deductions. For the judge, these beneficiaries cannot have their right to health compromised due to financial impasses between the State and accredited companies.
The Public Defender's Office had requested the immediate application of a daily fine of R$100,000 against the State, limited to R$3 million. The judge, however, rejected the execution of the penalty at this time, on the grounds that blocking public resources is a more direct and effective measure to guarantee the payment of providers and the continuity of care.
Representatives from Sindesto, the Tocantins State Doctors' Union (Simed-TO) and the Cooperative of Anesthesiologists (Coopanest) announced the indefinite suspension of new elective services starting this Thursday (5).
The entities stated that the State accumulated a debt of around R$274 million over five months, involving around 60 service providers that serve both Servir and the complementary SUS network. According to TV Anhanguera, the establishments together provide around 45 thousand services per month.
Before the court decision, the State Departments of Health (SES-TO) and Administration (Secad) reported in a note that they had not been officially informed about the suspension and that they were working on regularizing the transfers agreed with the accredited network.
The state management also highlighted that Servir contracts require 15 days' prior notice before any service interruptions.
