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The House banned automatic increases to those meeting 65 or 70 years and noted that the clause stating that additional increase is unfair

Division II of the House Civil and Commercial Federal had upheld a ruling that ordered the company prepaid medical CEMIC refrain from increasing the quota based on the member’s age, this is that the older the higher the fee.

In case, the trial judge had said that “increased support established in the member’s age is intended to make it more onerous fees for those who for their personal reality, they become part of the areas most vulnerable, usually composed for retirees with a significant decrease in revenues, just when they most need of medical service contract, “the Judicial Information Center (ICJ).

On appeal, the company had argued, among other things, that “the current system be modified in all prepaid medical institutions, the higher cost to generate the many benefits to be given to persons who reach 65 and 70, should be moved to the price of membership fees for the remaining members who are not in that stage of life and usually require less care. ”

According to the maid Alfredo Gusman, James Kiernan and Richard Guarinoni, “the link is established between the medical company and the long-term partner is, therefore, in general, the marginal utility curve of the parties is reversed … From there that ‘the consumer makes a financial investment when young, when you have a certain solvency or when healthy, to be compensated when you reach old age or when they have money or lack of health.’ ”

They also noted that “this is an aleatory contract because the parties do not know if they will be required medical services or not, which depends on an event that is the disease … Thus, ‘the insurer is entitled to spread the risks in terms of a probability calculus but not move them without taking any … randomness is for both parties and a clause is not allowed to neutralize the risk, exclude or limit, if the alloy is in charge of one of the parties and the other has a certainty of winning, the clause is void. ‘”

“On this basis, is forced to conclude that the contractual clause that empowers the company to impose additional tariffs care by age is abusive … Thus, collides with Article 42 of the Constitution, in granting consumers the right to protect their health, safety and economic interests, as well as fair and dignified treatment, “they said.

In a renewed commitment to the cause in which we investigate the drug mafia, which raises concerns in the area union, Justice yesterday raided nearly fifty social work union suspected of having received improper reimbursement by the state for the purchase expensive medications.

The procedures were ordered by Judge Norberto Oyarbide, reaching also to the social work of truckers who drive the leader of the CGT, Hugo Moyano. The judge ordered the records search hundreds of purchases made by the guild to suspect drug stores, for which the union claimed refunds based on claims made in the case by the former Health Minister Graciela Ocaña.

In addition, the judge ordered pave Special Programs Administration (EPA), the Ministry of Health agency responsible for delivering the controversial subsidies.

In the operations was arrested one person handling the Solidarity Assistance provider, to evidence that could be related to an organization discovered a month ago, which was dedicated to the marketing of counterfeit dies remedies, to collect reimbursement for the purchase of drugs.

Thus, the judge Oyarbide relaunched the case, which mostly affects the general secretary of the Banking Association, José Zanola, who remains in detention. It is also the employer prisoner Nestor Lorenzo, San Javier drugstore, a provider of remedies to unions.

Lorenzo himself admitted before the court that he sold drugs to the social work Moyano Guild until 2006. Then, the social work of the drivers he took drugs drugstore Urbana.

The president of the company, Mark Hendler, was investigated and the cause and the judge still must decide Oyarbide his legal situation. In the same situation is former superintendent Hector Capaccioli Health, who was the collector of the election campaign dedicated to President Cristina Kirchner in 2007.

Management Assistance In Solidarity, on the street Lambaré 1140, was arrested Jose Raes, of the remedies provided to members of the social work of ministers, secretaries and undersecretaries of state, the sources said. Some accounts say that it is an intermediary between the band that would falsify the dies and social work.

The operations

At least 36 of the operations were conducted yesterday in the city of Buenos Aires, two in the suburbs and four in Mendoza and Chubut, told La Nacion sources of the case.

The procedures seized documents related to the commercialization of oncology drugs, AIDS and hemophilia patients, among other items considered valuable by those responsible for the operations.

The guilds are investigated drugs acquired drugstores San Javier Baires Med, Del Plata and MULTIFARMER and Urban Romal, Bisol and Health Congress.

The raids were conducted in the offices of the Social Work Truck Drivers (Oschoca) of clerks, of petty, Grips Theatre and Television, Chemicals and Petrochemicals and Personal Chart.

Also in the Welfare of the City of Buenos Aires (OSBA), the staff of Lottery and Gaming, Educational Activity, Staff Television and the Leather and Allied Industries.

The list includes the social work of the Metal Workers Union, the Union Sports and Civil Institutions and Ospoce, which provides benefits to members of the agencies.

They were searched, in addition, the social works of the Turf activity of the Union Federation of Employees in the Meat Industry and the Aeronavegantes.

Other operations, the sources were at the headquarters of Clerical and Technical Building, Construction and Sanitation, Ice Industry of Port staff and the Argentine Automobile Club Argentino.

The search warrant provided by Oyarbide reached the headquarters of the social works of the Commercial Security, Drivers Truckers and Motor Transport Staff, Service Stations, Telegraph and plastic industries, and the Glass Shoe.

The rest of the operations were performed in the social work of Ministers, Secretaries and Deputy Secretaries, Press Workers of Buenos Aires; Agency Special Programs, staff watchmakers and jewelers, and Chemicals and Petrochemicals.

In the suburbs were raided the social work of Avellaneda Municipal Staff and Personnel Municipal de La Matanza.

Inside the country, meanwhile, were inspected Staff Mutual Water and Power Mendoza, Press headquarters employees in the province, and in Patagonia, the Association of Social Work Trelew and Comodoro Rivadavia, in Chubut.

Another setback for the bank Zanola
* The Federal Court rejected as inadmissible a resource with which the union stopped Juan Jose Zanola bank wanted to get to a higher court, the Court of Cassation, to obtain the arrest. Now you can insist on another resource. The court rejected the submission that does not correspond to entenderque detention is addressed by the country’s highest criminal court, since it is not a final decision does not cause “an irreparable harm.”

The cause

* Medications. In addition to the Social Work of the Banking Association, the research Oyarbide social works about 50 drugs purchased in drugstores selling suspected counterfeit medicines. San Javier Baires Med, Multipharma, among others.

* The Hoax. The suspicion is that the dies were forged to receive refunds of Special Programs Administration (PSA) for the provision of remedies that have never been delivered to patients.

* Detention: the management procedure performed was arrested yesterday for Development Assistance a person identified as Jose Raes, which would be linked to the remedies provided to the social work of ministers, secretaries and undersecretaries of state.