# Law No. 9656 of June 3, 1998

> Brazilian law

**Wikidata**: [Q105647986](https://www.wikidata.org/wiki/Q105647986)  
**Source**: https://4ort.xyz/entity/law-no-9656-of-june-3-1998

## Summary
Law No. 9656 of June 3, 1998 is a Brazilian statute that provides regulations for private health plans and private health insurance. Approved by President Fernando Henrique Cardoso, this legislation establishes the legal framework for the operation, coverage, and contractual obligations of private health assistance in Brazil.

## Key Facts
- **Official Title:** Lei nº 9656, de 3 de junho de 1998.
- **Legal Classification:** Instance of a statute (a formal written document that creates law).
- **Primary Subject:** Regulation of private health plans and insurance ("Planos e Seguros Privados de Assistência à Saúde").
- **Enactment Date:** June 3, 1998.
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Promulgating President:** Fernando Henrique Cardoso.
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Place of Publication:** Brasília.
- **Official Language:** Brazilian Portuguese.
- **Legal Citation:** Lei nº 9656/1998.
- **Lexml ID:** urn:lex:br:federal:lei:1998-06-03;9656.
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l9656.htm.
- **WikiProject:** Listed on the focus list of WikiProject Brazilian Laws.
- **Copyright Status:** As a statute, it is a government edict and generally in the public domain.
- **Key Regulatory Concepts:** Covers authorization, competency, penalties, validity, contracts, and specific health plan operations.

## FAQs
**What is the main purpose of Law No. 9656/1998?**
The law provides the regulatory framework for private health plans and private health insurance in Brazil, establishing rules for their operation, coverage, and contractual relationships.

**Who enacted Law No. 9656?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Fernando Henrique Cardoso on June 3, 1998.

**Where can I find the official text of this law?**
The official text is available at the Brazilian Presidency's website (planalto.gov.br) and is identified by the Lexml URN urn:lex:br:federal:lei:1998-06-03;9656.

**What specific legal topics does this law address?**
It addresses a wide range of topics including health plan contracts, authorization for operation, competency, penalties for infractions, criteria for coverage, and the validity of private health services.

**Does this law apply to the entire country of Brazil?**
Yes, the statute applies to the jurisdiction of Brazil and was published in the capital, Brasília, in Brazilian Portuguese.

## Why It Matters
Law No. 9656 is significant because it serves as the foundational legal instrument governing the private healthcare sector in Brazil, which supplements the country's public health system. By defining the rules for "Planos e Seguros Privados de Assistência à Saúde," the law protects consumer rights through strict regulations on contracts, coverage exclusions, and penalties for infractions. As a formal statute, it provides the tangible, written manifestation of statutory law required for the orderly functioning of the private health insurance market, ensuring that providers operate under standardized criteria of authorization and competency. Its status as a public domain document further ensures that these critical regulations are accessible to all citizens, reinforcing transparency and the rule of law in the Brazilian healthcare sector.

## Notable For
- **Regulating Private Health:** Establishes the comprehensive legal standards for private health plans and insurance in Brazil.
- **Presidential Enactment:** Promulgated by President Fernando Henrique Cardoso during his first term in office.
- **Specific Legal Definitions:** Defines critical concepts such as "Exclusão" (removal), "Prazo Determinado" (fixed term), and "Penalidade" (penalty) within the context of health insurance.
- **Standardized Identification:** Utilizes the Lexml standard (urn:lex:br:federal:lei:1998-06-03;9656) for legal interoperability.
- **WikiProject Coverage:** Recognized as a key entity within the scope of WikiProject Brazilian Laws.

## Body

### Legal Classification and Nature
Law No. 9656 of June 3, 1998 is classified as a **statute**, which is defined as a formal written document that creates law. As a subclass of "written work" and "document," it functions as the concrete manifestation of statutory law within the Brazilian legal system. Like other statutes, it is composed of legal norms and serves as the official record of rules enacted by the government. Under the "edict of government doctrine," this law is considered to be in the public domain, meaning it is not subject to copyright restrictions, ensuring that the public has unrestrained access to the legal texts governing their health coverage.

### Legislative History and Enactment
The law was enacted on June 3, 1998, during the presidency of **Fernando Henrique Cardoso**. It was approved by the **Presidency of the Federative Republic of Brazil** through the method of promulgation. The legislation was published in **Brasília**, the capital of Brazil, which serves as the seat of the federal government. Brazil, the jurisdiction to which this law applies, is a federal republic and the largest country in South America, having gained independence from Portugal in 1822. The enactment of this law occurred during a period of significant regulatory development in Brazil, prior to the creation of the Ministry of Health's National Supplementary Health Agency (ANS), which would later oversee the sector regulated by this law.

### Scope and Subject Matter
The primary digest of the law states that it "DISPÕE SOBRE OS PLANOS E SEGUROS PRIVADOS DE ASSISTENCIA A SAUDE" (Provides for private health plans and insurance). The scope of the legislation is extensive, covering a wide array of legal and operational concepts including:
- **Health and Safety:** Focusing on "Saude" (Health) and the assistance provided to beneficiaries.
- **Contractual Elements:** Regulating "Contrato" (Contract), "Vinculação" (Connection), and "Prestação De Serviço" (Work for hire).
- **Operational Rules:** Establishing "Funcionamento" (Functioning), "Autorização" (Authorization), and "Competencia" (Competency).
- **Compliance and Penalties:** Defining "Infração" (Transgression), "Penalidade" (Fine/Penalty), and "Proibição" (Prohibition).

### Regulatory Framework
The statute establishes a detailed regulatory framework for the private health insurance sector. It sets forth specific **criteria** ("Criterios") for the operation of health plans and dictates the **regulation** ("Regulamentação") of these activities. Key aspects of the framework include:
- **Membership and Recruitment:** Defining rules regarding "Membros" (Members) and "Contratação" (Recruitment).
- **Validity and Terms:** Establishing conditions for "Vigencia" (Validity) and "Prazo Determinado" (Fixed Term).
- **Modifications:** Outlining processes for "Alteração" (Change) and "Criação" (Creation) of plans or coverage rules.
- **Decision Making:** Addressing "Fixação" (Decision) regarding pricing and coverage parameters.
- **Legal Definitions:** Providing "Definição" (Definition) of key terms to ensure consistent application across the industry.

### Publication and Identification
The law is officially cited as **Lei nº 9656/1998**. It is cataloged with the **Lexml Brazil ID** `urn:lex:br:federal:lei:1998-06-03;9656`, which facilitates its integration into digital legal information systems. The work is available at the official URL `https://www.planalto.gov.br/ccivil_03/leis/l9656.htm`. It is recognized by **WikiProject Brazilian Laws**, highlighting its importance in the corpus of Brazilian legislation. The text is written in **Brazilian Portuguese**, the official language of Brazil, and applies to the nation's entire jurisdiction.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1998-06-03;9656)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9656&ano=1998&data=03/06/1998&ato=8f1oXWE1EeNpWTd32)
3. LexML Brasil