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Rio de Janeiro · São Paulo · Salvador — matters across Brazil
Bruno Marcelos — Escritório de Advocacia

Health Investment & Regulatory Advisory

Invest in Brazilian healthcare knowing the regulatory and litigation risk before you sign.

EABM is a Brazilian law firm dedicated exclusively to the private health sector. We combine regulatory advice on the ANS framework with first-hand data from a national health plan defence practice, so investors can price risk, structure entry and close with confidence.

Talk to our team Read the regulatory map
Active health lawsuits
12,000+
Years in health law
10+
Offices
RJ · SP · BA

Why EABM

Regulatory depth, measured against real litigation

We see the risk from the inside

For more than ten years we have defended health plan operators, self-managed plans and providers in Brazil, with more than 12,000 active health lawsuits. That docket tells us which claims operators lose, what injunctions cost and how courts are applying the Supreme Court's rules on coverage outside the ANS list (ADI 7265). We bring that evidence into every due diligence.

Academic grounding in regulation

Our regulatory team holds master's degrees and is pursuing doctoral studies in Regulation Law from FGV Law School (Rio de Janeiro), and our lead partner coordinates FGV's Supplementary Health Committee. We publish peer-reviewed research on ANS rules, financial regulation mechanisms and health data interoperability.

Inside the regulatory process

We prepare technical contributions to ANS public consultations and to the agency's regulatory agenda on behalf of industry stakeholders. Investors get advice from lawyers who follow new rules while they are still being drafted.

Services

From first screening to post-closing

Our core offer

Regulatory and litigation due diligence

For health plan operators, hospitals, clinics, laboratories and healthtechs. Delivered as a red-flag report in English, with findings ranked by financial impact.

  • ANS registration, operating authorisation, product registrations and financial guarantee requirements
  • History of ANS complaints (NIP), sanctioning proceedings, fines and reimbursements to the public health system (SUS)
  • ANS quality index (IDSS) and supervisory measures, including special regimes such as fiscal direction
  • Litigation exposure of the portfolio: volume, recurring claims, success rates, injunction costs and adequacy of provisions

Market entry and structuring

  • Rules on foreign investment in healthcare services and health plans
  • Choice of vehicle and licensing path for a new operator, administrator or provider
  • Regulatory requirements for distribution, networks and partnerships with providers

Transactions and regulatory approvals

  • Prior ANS approval for transfers of control, portfolio transfers and corporate reorganisations
  • Acquisition of portfolios from operators in financial difficulty, including technical review of pricing
  • Coordination with competition filings and with deal counsel in Brazil and abroad

Regulatory monitoring and strategy

  • Daily regulatory intelligence and analysis of new ANS rules, public consultations and court precedents
  • Contributions to public consultations and dialogue with regulators
  • Risk scenarios for pending bills and judicial trends affecting the target's business

Post-deal support

  • Integration of compliance routines, ANS reporting and complaint handling
  • Defence strategy for administrative and judicial claims, including Supreme Court complaints to enforce ADI 7265

The regulatory landscape at a glance

What every investor in Brazilian healthcare should know

One regulator for health plans

Private health plans are governed by Law 9,656/1998 and supervised by the National Supplementary Health Agency (ANS), which licenses operators, approves products, sets solvency rules and sanctions conduct.

Foreign capital is allowed, with political risk

Foreign investment in health plan operators is permitted, and Law 13,097/2015 opened hospitals, clinics and other health services to foreign capital. Bills to restrict it have advanced in congressional committees before, so the topic deserves monitoring.

Changes of control need ANS approval

Transfers of control, portfolio transfers and corporate reorganisations of operators depend on prior ANS approval, in addition to merger control by CADE when thresholds are met.

Coverage is set by the ANS list, under judicial scrutiny

Mandatory coverage follows the ANS List of Procedures and its utilisation guidelines. Since Law 14,454/2022 and the Supreme Court's decision in ADI 7265, courts may order treatments outside the list only when strict technical requirements are met, including a prior opinion from the courts' technical support units (NATJUS).

Prices are partly regulated

The ANS caps annual adjustments for individual plans; group plan adjustments are negotiated but monitored.

Complaints become enforcement

Consumer complaints filed with the ANS (NIP) can lead to sanctioning proceedings and fines, and operators must reimburse the public health system (SUS) when their members use it.

Litigation is a cost line

Health plan litigation is a structural feature of the market. Its volume, the injunctions it generates and the quality of an operator's defence directly affect margins and valuation.

How we work

A specialist alongside your deal team

Co-counsel by design
We work with your transaction counsel, financial advisers and consultants, covering the health regulatory and litigation workstreams of the deal.
Clear scope
Each engagement starts with an agreed scope and timetable, from a single due diligence to ongoing regulatory monitoring.
English deliverables
Reports, red-flag memos and regulatory briefings are delivered in English, with Portuguese source documents organised for your advisers.
National reach
Offices in Rio de Janeiro, São Paulo and Salvador, and a technology-driven practice that handles matters across Brazil.
Independence checks
Every engagement starts with a conflict check against our existing health sector clients.

Team

The team behind Health Investment & Regulatory Advisory

Bruno Marcelos

Bruno Marcelos

Partner · Strategy

Leads the firm's strategic practice in litigation, regulation, supplementary health and medical law, including its Supreme Court complaints on coverage outside the ANS list. Doctoral candidate and LL.M. in Regulation Law, FGV Law School; postgraduate studies in Medical Law at the University of Coimbra and UERJ. Coordinator of FGV Law School's Supplementary Health Committee; Vice-President of the IAB Medical Law, Health and Biolaw Committee; member of the World Association for Medical Law. Admitted in Rio de Janeiro, São Paulo, Bahia, Minas Gerais and Paraná.

Juliana Sampaio Ferreira

Juliana Sampaio Ferreira

Managing Partner · Corporate and Finance

Manages the firm's corporate and financial operations, client relationships and teams. Strategic Legal Department Management (Insper); postgraduate studies in Supplementary Health Law (Escola Nacional de Seguros, in progress); law degree from UCAM.

João Antônio Martins Junior

João Antônio Martins Junior

Partner · Appeals

Heads the appeals practice, handling appeals before state courts of appeal and the higher courts in supplementary health disputes. Postgraduate studies in Supplementary Health Law (in progress); law degree from the Federal University of Rio de Janeiro (UFRJ).

Adriana Gonçalves da Silva

Adriana Gonçalves da Silva

Head of Regulatory and ANS

More than 20 years of experience in health plan regulation, civil and administrative litigation and institutional relations. Leads regulatory analysis, public consultations, dialogue with the ANS, technical opinions and regulatory compliance. Health Plan Sector Analysis (FGV Law Program).

Guilherme Augusto Hombeeck

Guilherme Augusto Hombeeck

Regulatory Lawyer

Regulatory law in supplementary health. Doctoral candidate and LL.M. in Regulation Law, FGV Law School; law degree from PUC-Rio. Co-author of peer-reviewed articles on ANS financial regulation mechanisms and on the boundary between medical practice and regulatory policy.

Vinicius Machado R. Vianna

Vinicius Machado R. Vianna

Regulatory Lawyer

Regulation of supplementary health. LL.M. in Regulation Law, FGV Law School; law degree from Faculdades Integradas Vianna Júnior and history degree from the Federal University of Juiz de Fora (UFJF).

Débora Ribeiro Wyatt

Débora Ribeiro Wyatt

Business Development and Projects

Leads expansion projects, strategic partnerships and relationships with the health market. MBA in Commercial Management (FGV); law degree from Universidade Candido Mendes; member of the OAB/RJ Consumer Law Committee. The first point of contact for partners and investors.

Contact

Considering an investment in Brazilian healthcare?

Tell us about the target or the market you are looking at. We will reply within two business days with a proposed scope.

juridico@eabm.com.br
+55 21 3437-1250 Rio de Janeiro
+55 11 3289-0471 São Paulo