Pessoas com câncer têm direitos especiais na legislação

Na luta do combate ao câncer, muitas pessoas não conhecem os direitos oferecidos aos pacientes. Apesar do crescimento do número dos acometidos pela doença, a falta de informação faz com que as pessoas não tenham conhecimento dos direitos especiais citados na legislação. Para auxiliar os portadores da grave doença, hospitais e institutos criaram materiais informativos para ajudar no cotidiano e para facilitar financeiramente a vida paciente.

Entre os benefícios assegurados, estão auxílio-doença, isenção de pagamento do Imposto de Renda, IPI, ICMS e IPVA, desconto na conta de luz, cirurgia de reconstrução mamaria, possibilidade de quitação de imóvel, entre outros. Confira alguns dos direitos oferecidos às pessoas com câncer:

Saque do FGTS e do PIS/Pasep – Documentos necessários: atestado médico com carimbo e CRM do médico responsável e validade não superior a 30 dias. É necessário constar o diagnóstico com as patologias ou enfermidades e estado clinico atual do paciente. Também é preciso apresentar a carteira de trabalho e o Cartão do Cidadão ou Cartão de Inscrição PIS/PASEP.

Auxílio-Doença – Incapacidade para o trabalho deve ser comprovada por meio de exame realizado por perícia médica do INSS. Interessado deve comparecer a uma agência da Previdência Social e solicitar o agendamento da consulta. Necessário apresentar a carteira de trabalho e declaração do médico com validade de 30 dias com descrição do estado clinico do paciente.

Isenção do IPVA – Cada Estado tem legislação própria de isenção para veículos adaptados. Documentos necessários: O interessado na isenção do IPVA deverá apresentar o requerimento (Utilize o formulário modelo disponível no site) no Posto Fiscal da Secretaria da Fazenda de sua residência, acompanhado de cópia do CPF, cópia do certificado de registro e licenciamento de veículo, cópia do laudo de perícia médica, fornecido exclusivamente pelo Detran, especificando o tipo de problema físico e o tipo de veículo que o deficiente pode conduzir, cópia da Carteira Nacional de Habilitação na qual conste estar o interessado autorizado a dirigir veículo adaptado, cópia da nota fiscal referente às adaptações, de fábrica, declaração de que não possui outro veículo com o benefício.

Aposentadoria por invalidez – Condição deve ser comprovada por perícia médica do INSS. O portador de câncer terá direito do pagamento de 12 contribuições, desde que esteja na qualidade de assegurado. Terá direito a um acréscimo de 25%, o segurado do INSS que necessitar de assistência permanente de outra pessoa.

Isenção do Imposto de Renda – Paciente deve procurar o órgão responsável pela sua aposentadoria (INSS, Prefeitura, Estado etc.) munido de requerimento fornecido pela Receita Federal. A doença será comprovada por meio de laudo médico, que é emitido por serviço médico oficial.

Transporte coletivo de graça (pessoas portadoras de deficiência física) – Isenção inclui Metrô, ônibus municipais, intermunicipais e trens da CPTM. Para obter o benefício, os documentos necessários são: relatório do médico, laudo médico com carimbo e CRM do médico responsável e validade não superior a 30 dias, laudo de isenção tarifária (obtido após consulta em posto de saúde), RG, CPF, Carteira de Trabalho, comprovante de endereço recente. Procurar uma estação de Metrô habilitada.

Dispensa do rodízio de automóveis – Obter o formulário para requerer isenção no Departamento de Operação do Sistema Viário (DSV), onde pode ser preenchido. É possível também baixar pela internet o formulário, que deve ser impresso e preenchido. O formulário deve ser assinado pelo deficiente ou por seu representante legal e pelo condutor do veículo. Anexar os seguintes documentos ao formulário: cópia do certificado de propriedade do veículo, cópia do RG do condutor, do deficiente (quando este não tiver RG, anexar cópia da Certidão de Nascimento) e do representante legal do deficiente (quando for o caso), cópia da Carteira Nacional de Habilitação (CNH), laudo médico, contendo nome e CRM do médico e comprovando a deficiência (somente será aceito o laudo médico original ou cópia autenticada). O cadastro pode ser feito pessoalmente ou por representante no DSV/Autorizações Especiais, na Av. das Nações Unidas, 7123, Térreo – Pinheiros. O horário de Funcionamento é de segunda a sexta-feira, das 9h às 17h.

Exame de câncer de próstata gratuito (SUS) – Todo homem com mais de 40 anos de idade tem direito a realizar, gratuitamente na rede do SUS, exames para diagnóstico de câncer da próstata. Os submetidos ao tratamento de próstata que tiverem um ou ambos testículos retirados, têm direito à reconstrução com a colocação de prótese.

Amparo legal:

– Lei nº 10.289, de 20 de setembro de 2001, Artigo 4º, Inciso II;

Medicamentos e material hospitalar (plano/seguro de saúde) – O plano/seguro de saúde deve cobrir exames de controle da evolução da doença e fornecer medicamentos, anestésicos e outros materiais, assim como sessões de quimioterapia e radioterapia, durante todo o período de internação da pessoa com câncer.

Amparo legal:

– Lei nº 9.656, de 03 de junho de 1998, Artigo 12, Inciso II, Alínea d.

Vacina contra HPV – Fica incorporada a vacina quadrivalente contra HPV na prevenção do câncer de colo do útero no Sistema Único de Saúde (SUS).

Amparo legal:

– Portaria nº 54 MS/SCTIE, de 18 de novembro de 2013, Artigo 1.

Diagnóstico e tratamento do câncer (SUS) – O SUS deverá garantir o diagnóstico e todo o tratamento do câncer, oferecendo os seguintes serviços: Serviços de Cirurgia Oncológica, Oncologia Clínica, Radioterapia, Hematologia e Oncologia Pediátrica em Unidade de Assistência de Alta Complexidade em Oncologia.

Amparo legal:

– Portaria nº 741, de 19 de dezembro de 2005, Artigo 2º.

Tratamento gratuito para o paciente com neoplasia maligna – O paciente com neoplasia maligna receberá, gratuitamente, no Sistema Único de Saúde (SUS), todos os tratamentos necessários, tendo direito de se submeter ao primeiro tratamento no prazo de até 60 (sessenta) dias contados a partir do dia em que for diagnosticado.

Amparo legal:

– Lei nº 12.732, de 22 de novembro de 2012, Artigos 1 e 2.

– Portaria 876, de 16 de maio de 2013.

Cirurgia reconstrutora da mama – A mulher que, em decorrência de um câncer, tiver os seios total ou parcialmente retirados, tem direito à reconstrução destes por meio de cirurgia plástica, tanto pelo SUS quando por plano/seguro de saúde privado.

Amparo legal:

– Lei nº 9.797, de 06 de maio de 1999, Artigo 1º (SUS);

– Lei nº 9.656, de 03 de junho de 1998, Artigo nº 10-A (planos/seguros de saúde).

Laudo Médico para Afastamento de Trabalho – É uma documentação exigida para acesso aos diferentes direitos previdenciários, das iniciativas pública ou privada. O médico assistente é o profissional que acompanha o paciente em sua doença e evolução e, quando necessário, emite o devido atestado ou relatório médico. De acordo com o artigo 3º da Resolução CFM 1851/2008, o médico assistente especificará o tempo concedido de dispensa às atividades de trabalho e estudantil, necessário para recuperação do paciente.

Laudo Médico para Atestado de Lucidez – Este atestado é usualmente utilizado para fins de procuração a terceiros. Conforme Resolução CFM 1658/2002, o atestado médico é parte integrante do ato médico, sendo seu fornecimento direito inalienável do paciente, inclusive para fornecimento de atestados de sanidade, em suas diversas finalidades (arts. 1º e 7°).

Programa de Apoio ao Paciente com Câncer

O Programa de Apoio ao Paciente com Câncer (PAP) do Instituto Oncoguia fornece informações a um público que ainda desconhece os seus direitos sociais sobre como vencer os principais obstáculos impostos pela doença. O atendimento é feito por telefone (08007731666). Uma equipe de profissionais orienta usuários de forma personalizada.

Nos últimos 17 meses, 52% das dúvidas foram relacionadas a temas como auxílio-doença e isenção de impostos na compra de veículos, direitos sociais garantidos pela legislação brasileira. A demanda relacionada à saúde representou 48% dos atendimentos.

“Temos dois desafios constantes: o de informar os pacientes sobre os direitos e o de auxiliá-los nas formas de garanti-los. Nas duas precisamos do comprometimento do paciente de forma ativa e responsável. A conquista dos direitos na prática não é fácil, mas é possível. E mais, estamos aqui para ajuda-los!”, comenta a psico-oncologista e especialista em Bioética Luciana Holtz de Camargo Barros, presidente do Instituto Oncoguia.

Nos últimos três anos, o Oncoguia teve grande envolvimento em importantes conquistas de políticas públicas, como a que obriga os planos de saúde a fornecer medicamentos antineoplásicos de uso oral para tratamento do câncer e para controle de efeitos adversos, determinada por Resolução Normativa da Agência Nacional de Saúde Suplementar (ANS), em maio deste ano. Outra conquista, ainda mais recente, é a chamada Lei dos 60 dias, pela qual o Ministério da Saúde reconhece que o prazo máximo de 60 dias para início do primeiro tratamento oncológico no SUS deve ser contado a partir da data da assinatura do laudo patológico.Serviço:

Confira outros direitos na cartilha do Inca (Instituto Nacional de Câncer José Alencar Gomes da Silva):

http://www1.inca.gov.br/inca/Arquivos/direitossociaisdapessoacomcancerterceiraedicao2012.pdf

Cartilha do Hospital A.C. Camargo:

http://www.accamargo.org.br/files/cartilhas/cartilha.pdf

Confira as leis específicas para o caso:

– Lei nº 9.656, de 03/06/1998

Dispõe sobre os planos e seguros privados de assistência à saúde.

– Lei nº 9.797, de 06/05/1999

Dispõe sobre a obrigatoriedade da cirurgia plástica reparadora da mama pela rede de unidades integrantes do Sistema Único de Saúde – SUS nos casos de mutilação decorrentes de tratamento de câncer.

– Lei nº 10.289, de 20/09/2001

Institui o Programa Nacional de Controle do Câncer de Próstata.

– Lei nº 10.223, de 15/05/2001

Altera a Lei no 9.656, de 3 de junho de 1998, para dispor sobre a obrigatoriedade de cirurgia plástica reparadora de mama por planos e seguros privados de assistência à saúde nos casos de mutilação decorrente de tratamento de câncer.

– Lei nº 12.880, de 15/11/2013

Altera a Lei no 9.656, de 3 de junho de 1998, que “dispõe sobre os planos e seguros privados de assistência à saúde”, para incluir tratamentos entre as coberturas obrigatórias.

Fonte: Estadão. Colaboração: IncaHospital A.C. Camargo e Instituto Oncoguia.

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