Private health insurers: free prices

DNU 70/2023 freed the prices of private health-insurance premiums: the Superintendency of Health Services (SSS) stopped authorizing and setting increases. Art. 267 repealed from Law 26.682 arts. 5 subsections g and m (the SSS's power to authorize/review the premium value), 6, 18, 19, 25 subsection a and 27; art. 268 added art. 30 bis (the law applies only to voluntary members whose link with the insurer is outside the framework of Law 23.660); and art. 269 replaced art. 17, letting insurers set prices freely with the only limit of a maximum variation of THREE (3) times between the first and last age bracket. The decree's recital declares the objective of 'freeing the price restrictions on the private health-insurance system'. Live risk: 2025 rulings (Federal Civil and Commercial Court No. 8, Nov 15, 2025, among others) declared arts. 267 and 269 unconstitutional, but they are individual in scope, appealable and without erga omnes effect: the deregulation remains in force for the rest of the system. verif · Dec 20, 2023 ↗

Published in the Official Gazette on Dec 21, 2023; the DNU declares immediate validity. The amendments to Law 26.682 are in force since then and remain in force as of June 2026 (the 2025 unconstitutionality rulings are individual, they do not suspend the rule generally). verif · Dec 21, 2023 ↗

Private health-insurance companies and their voluntary members (link outside the framework of Law 23.660). Insurers come to set the premium value without prior SSS authorization; users are exposed to market prices, with the only structural cap of the maximum 3-times variation per age bracket. verif · Dec 20, 2023 ↗