Pacient rights
A mulher diagnosticada com câncer de mama tem garantias legais e benefícios previstos por lei que asseguram acesso a tratamento, suporte financeiro e qualidade de vida.
Doe
Conheça os 10 direitos dos pacientes com câncer:
1
Diagnóstico em até 30 dias
Brazil’s Unified Health System (SUS) will have a maximum of 30 days to carry out tests to prove cancer diagnosis after medical referral (Law 13.896 was published in the Federal Official Gazette on 10/31/2019, and is already in effect).
2
Início do tratamento em até 60 dias
The first oncologic treatment through the SUS must begin within 60 days from the signing of the pathology report or within a shorter period depending on the treatment needs of the case recorded in the patient’s medical record (Law 12.732/12).
3
Auxílio-doença
Those with cancer are entitled to Sick Pay, provided they are insured, when they are temporarily unable to work due to medical condition, for more than 15 consecutive days (Law 8.213, of 1991, articles 59 to 63).
4
Transporte público gratuito
Those with cancer are entitled to exemption from urban public transportation fares (check the general rules of each city). The companion can also enjoy this benefit provided that the need for follow-up is indicated in the medical report (State Complementary Law/SP 166, of 11/26/1991 and Joint Resolutions).
5
Saque do FGTS
Workers suffering from cancer or who have a dependent with the medical condition, while in the symptomatic phase of the disease, can withdraw the Brazilian Government Severance Indemnity Fund for Employees (FGTS) (Law 8.922, 1994).
6
Saque do PIS-PASEP
Workers suffering from cancer or who have a dependent with the medical condition, while in the symptomatic phase of the disease, can withdraw the PIS/Pasep (Resolution 1, of 10/15/1996 - PIS/Pasep Social Contribution Fund Board).
7
Isenção do IRPF
Those with cancer are entitled to Income Tax Exemption regarding Retirement, Pension and Military Retirement income, including the complements received from private entities and alimony (Law 7.713, 1988).
8
Tratamento fora da cidade
Those with cancer have the right to Out-of-Home Treatment (OHT) by Brazil’s Unified Health System and can have expenses related to transportation, food and accommodation covered (under evaluation of the City/State budget). This benefit is granted when all treatment and/or auxiliary treatment diagnostic exams have been carried out at the patient’s place of residence (City/State) and provided that the indicated place has the most appropriate treatment to solve the problem or is capable of total or partial cure. (SAS (Health Care Secretariat) Regulation No. 055, of February 24, 1999).
9
Prioridade na Justiça
Those with cancer have the right to priority in pending proceedings, both legal and administrative, provided that they present proof of their condition (medical report) to the competent legal or administrative authority to decide on the procedure and the steps to be taken (Federal Law 12.008, of July 29, 2009).
10
Benefício de prestação continuada
Those with cancer may be entitled to the Continuous Cash Benefit Program (1 monthly minimum wage) if they are 65 years old or older or have any long-term physical, mental, intellectual, or sensory impairment (minimum of 2 years), receive no other social benefit, and the family per capita income is less than ¼ of the minimum wage. (More information: www.previdencia.gov.br)
OUTROS DIREITOS
E BENEFÍCIOS
Reabilitação profissional, medicamentos gratuitos e cirurgia de reconstrução são alguns outros benefícios disponíveis para as pacientes com câncer de mama. Veja a lista completa e como ter acesso a todos eles.