ANS, which amends RN 209/2009, and provides for criteria for maintaining Minimum Own Resources and Constitution of Technical Provisions for Health Care Plan Operators, as well as the Solvency Margin (MS) and Adjusted Minimum Equity (PMA) )

NORMATIVE RESOLUTION - RN No. 313, OF NOVEMBER 23, 2012
Amends the Normative Resolution - RN 209, of December 22, 2009, which provides for the criteria
of maintenance of Minimum Own Resources and constitution of Technical Provisions to be
observed by the operators of private health care plans.
[correlations] [changes]
The Collegiate Directorate of the National Supplementary Health Agency - ANS, in view as provided in
paragraphs "a", "b", "d" e "e" of item IV and sole paragraph of art. 35-A of Law No. 9,656, of June 3, 1998; item XLII of art. 4 and item II of art. 10, both of Law No. 9,961, of January 28, 2000; §§ 2 and 3 of art. 1 of Law No. 10,185, of February 12, 2001; and item "a" of item II
of art. 86 of Normative Resolution - RN nº 197, of July 16, 2009, in a meeting held on November 7, 2012, adopted the following Normative Resolution - RN, and I, the Chief Executive Officer,
determine its publication.
Art. 1 This Normative Resolution alters Normative Resolution - RN nº 209, of December 22, 2009, which provides for the criteria for maintaining Minimum Own Resources and constitution of
Technical Provisions to be observed by operators private health care plans.
Art. 2nd Art. 25 of RN nº 209, of 2009, becomes effective with the following wording: "Art. 25. Attachments
I to VIII are an integral part
of this Resolution." (NR)
Art. 3rd RN No. 209, of 2009, comes into force plus art. 2nd-A, caput and single paragraph; of
single paragraph in art. 7th; of art. 8th-A; and Annex VIII, with the following wording:
"Art. 2-AA eventual insufficiency, exclusively in relation to the Solvency Margin requirement,
of the Net Worth or Social Equity adjusted for economic effects, as < br /> specific regulation to be edited by DIOPE, will be characterized as an
economic-financial abnormality if it is found the non-observance of the economic-financial recovery procedures contained in specific regulation.
Sole paragraph The operator that finds itself in the situation described in the caput must disclose, in
its financial statements, the corrective actions planned for the recovery of the assets. "
" Art. 7 ........ .................................................. .........................
Sole paragraph - The OSPs referred to in the caput must observe the minimum portion of the amount
calculated under the terms of article 6, as established in nexus VIII of this Resolution. "
" Art. 8-A The required solvency margin, in compliance with arts. 6th, 7th and 8th of this RN, can be
reduced due to the total expenses with health promotion and risk prevention programs and diseases
, according to specific regulations to be jointly edited by the Standards Board
and Qualification of Operators - DIOPE and by the Directorate of Standards and Qualification of Products -
DIPRO. "
" ANNEX VIII
Minimum portion of the Solvency Margin to be observed by the OSP of the primary, secondary, proprietary and mixed segments that started operations before July 3, 2007 and those in the tertiary segment that started operations before July 19, 2001 The OPS of
primary, secondary, proprietary and mixed segments that started operations before July 3, 2007
and those in the tertiary segment that started operations before July 19, 2001,
must observe the following minimum installments of the Solvency Margin (MS) value, calculated
pursuant to art. 6th of this Resolution:
I - Until December 2012: 35% of the MS value, calculated in accordance with art. 6 of this Resolution;
II - Between January 2013 and November 2014: the minimum monthly cumulative
proportion of 0.25% (zero point twenty-five percent) of the MS value must be observed, calculated in accordance with art. 6th of this Resolution, in addition to that established in item I above;
III - In December 2014: 41% of the MS value, calculated under the terms of art. 6th of this Resolution;
IV - Between January 2015 and November 2022: the minimum monthly cumulative proportion of 0.615% (zero point six hundred and fifteen percent) of the MS value, calculated in
terms of art. 6th of this Resolution, in addition to that established in item III above; and
V - As of December 2022: 100% of the MS value, calculated in accordance with art. 6 of this
Resolution. "
Art. 4 Paragraphs 1 and 2 of Article 7 of Normative Resolution - RN nº 209, of December 22, 2009, are revoked.
Art. 5 This Normative Resolution comes into force on the date of its publication.
ANDRÉ LONGO ARAÚJO DE MELO
CEO-PRESIDENT