Barroso points out risk to the health system and suspends law that created a salary floor for nursing | Policy

Barroso points out risk to the health system and suspends law that created a salary floor for nursing | Policy
Barroso points out risk to the health system and suspends law that created a salary floor for nursing | Policy

The decision is valid until states, municipalities, federal government agencies, councils and health entities inform, within 60 days and in detail, the financial impact for the calls and the risks of layoffs in the face of the implementation of the floor.

In the coming days, the decision, which is individual, will be taken for analysis by the other ministers of the Supreme in the virtual plenary.

Barroso is the rapporteur for an action presented by the National Confederation of Health, Hospitals and Service Establishments (CNSaúde), which argues that the floor is unsustainable.

In view of the data already presented in the action, the minister evaluated that there is a concrete risk of worsening in the provision of health services, especially in public hospitals, Santas Casas and hospitals linked to SUS.

This is because the institutions indicated the possibility of mass layoffs and a reduction in the supply of beds.

The floor would be paid for the first time this Monday (5th) and was set at R$ 4,750, for the public and private sectors. The value still serves as a reference for calculating the minimum salary for nursing technicians (70%), nursing assistants (50%) and midwives (50%).

According to Dieese, the financial increment necessary to comply with the floors will be R$ 4.4 billion per year for the Municipalities, R$ 1.3 billion per year for the States and R$ 53 million per year for the Union.

The Confederation of Santas Casas de Misericórdia, Hospitals and Philanthropic Entities (CMB) indicated an increase of R$ 6.3 billion per year. A possibility of dismissal of 80 thousand nursing professionals and closing of 20 thousand beds was pointed out.

To the Supreme, the entities stated that “there was talk, in advance, of the closing of hospitals, the reduction of the network associated with the Unified Health System and the influx of patients – excluded from the supplementary health network – to the already overloaded SUS.”

“Such circumstances, per se, are enough to prove that many users of health services will see the full enjoyment of their constitutional right to health restricted. The scenario of dialysis, for example, is quite exemplary in this sense, “says the lawsuit.

The minister stressed that it is necessary to value the category, but that at this moment “it is necessary to pay attention to the possible negative impacts of the adoption of the contested salary floors”.

For Barroso, the Legislative and Executive did not take care of the measures to enable the implementation of the floor.

“Basically, the argument that the Legislature approved the project and the Executive sanctioned it without taking care of the measures that would make its execution feasible, such as, for example, increasing the SUS reimbursement table to the partner network, seems plausible. In this case, they would have wanted to have the benefit bonus without the burden of increasing their own expenses, outsourcing the account”, he says in the decision.

According to the minister, “on the one hand, there is the legitimate objective of the legislator to value health professionals, who, during the long period of the Covid-19 pandemic, were tireless in defending the life and health of Brazilians. On the other hand, there are the risks to the autonomy and financial health of the federative entities, the reflexes on employability in the sector, the subsistence of numerous hospital institutions and, therefore, the very provision of health services.”

The rapporteur explained that private entities that have conditions can and should implement the floor.

“Naturally, private institutions that are able to, from the outset, bear the burden of the floor contained in the contested law, not only are not prevented from doing so, but are encouraged to do so. The constitutional and fiscal circumstances mentioned here do not mean that the value is not fair and that the categories benefited do not deserve the minimum remuneration”, says the decision.

The article is in Portuguese

Tags: Barroso points risk health system suspends law created salary floor nursing Policy

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