Federal Constitution ensures the right to ensure the access to health in an equal and complete manner to all. As of the specialized technical entities evaluation, the patient can have access to all SUS’s medications. At their internet portal, the Ministry of Health displays the list of medicines incorporated to SUS, as well as the clinical protocols and therapeutic policies.
In case the patient finds difficulties to access the medicines, he/she can request it through the administrative control organs or, as a radical alternative, appeal to the Court.
To request this access, the patient shall create a protocol at the City or State Secretary of Health, make the request with the medical prescription, for the medication he/she needs. If even after this he/she cannot access it, he/she can present a complaint at the SUS’s ombudsman. The Ministry of Health ombudsman is competent to contact the specific organs and correct the identified problems. The patient can also appeal to the social workers further the ombudsman, because they, most of the times, are the key to solve those problems. In cases of urgency or extreme action they can appeal to the Court. Extrajudicial decisions can be faster and cheaper.
Which documents shall I have to appeal to the Court?
● CPF (Individual Taxpayers’ Register).
● Proof of address.
● SUS Card.
● Exam reports proving the disease existence.
● Medical Report containing the disease identification, with CID specification; detailed description of the recommended treatment, including the exact dosage and the usage period of the medication; necessity urgency level, stating the maximum waiting period in order to start the treatment and the consequences in case of not being assisted; and, if that is the case, the justification of inefficient drugs normally provided at the public network, to justify the prescription of a different treatment.
● Prove that the patient tried to get the medication through the administrative means or the press news saying that the medication in not available.
● Prescription medication budget. This helps the Court to determine, in case of default of the eventual decision, the distress of the needed resources.