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Bruno Marcelos — Escritório de Advocacia

Pauta Regulatória · Daily brief

No. 111

Automatically translated from the Portuguese edition, which prevails in case of discrepancy. Ler em português

Federal Official Gazette

Ordinance SAES/MS No. 3,943, of March 18, 2026: Amends Ordinance SAES/MS No. 3,633/2025, which governs the intervening role of the Ministry of Health in contracts entered into by federated entities exclusively under Law No. 15,233 of October 7, 2025, which establishes the Agora Tem Especialistas Program, makes model contracts available, and provides other measures.

Ordinance SAES/MS No. 3,949, of March 19, 2026: Adds a procedure and amends attributes of procedures that form part of the Outpatient Component of the Agora Tem Especialistas Program, in the SUS Table of Procedures, Medicines, Orthoses, Prostheses and Special Materials.

Ordinance SAES/MS No. 3,951, of March 19, 2026: Amends Ordinance SAES/MS No. 3,199 of September 2, 2025, Ordinance SAES/MS No. 3,200 of September 2, 2025, and Ordinance SAES/MS No. 3,245 of September 9, 2025, on the operation of the Agora Tem Especialistas Program.

Executive summary: the three SAES ordinances published today amend secondary aspects of the Agora Tem Especialistas Program: (i) Ordinance No. 3,943 updates Ordinance No. 3,633, which contains the model contracts and governs the intervening role of the Ministry of Health in the instruments of the Financial Credits and Reimbursement to SUS components; (ii) Ordinance No. 3,951 modifies Ordinances No. 3,199, 3,200 and 3,245, changing the list, attributes, valuation method, federal supplementation and processing rules; (iii) Ordinance No. 3,949 does not amend earlier instruments, but only expands the care-related and operational content of the outpatient component. In short:

Original ordinance

Amending ordinance

Point amended

Practical impact

SAES/MS No. 3,633/2025

SAES/MS No. 3,943/2026

Art. 2 and the model contracts in Annexes I and II

Updates the regulatory basis of the model contracts for the Financial Credits and Reimbursement to SUS components, preserving the requirement of a specific clause on the obligations of the Union as intervening party.

SAES/MS No. 3,199/2025

SAES/MS No. 3,951/2026

List of procedures, valuation, control and evaluation criteria; repeal of art. 23

Reorganizes Financial Credits and Reimbursement to SUS based on attributes 051, 052 and 053; changes the calculation logic of the procedures; strengthens traceability and governance; and eliminates a prior rule incompatible with the new model.

SAES/MS No. 3,200/2025

SAES/MS No. 3,951/2026

Arts. 7, 8, 13 and 23

Aligns the provision of specialized services on a complementary basis with the new design of the program; adjusts conditioned rule 0015; temporarily relaxes the requirement of prior authorization in the CMD for Modality 3; and redefines the valuation of modalities 1, 2 and 3.

SAES/MS No. 3,245/2025

SAES/MS No. 3,951/2026

Chapter I, calculation rules and repeals

Broadens the scope of the ordinance, which no longer serves only the surgical component and now also extends criteria to Financial Credits and complementary provision; redefines the federal supplementation methodology; and repeals § 3 of art. 1 and Annex IV.

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SAES/MS No. 3,949/2026

No formal amendment to the ordinances above

Does not formally amend Ordinances No. 3,199, 3,200, 3,245 or 3,633, but adds operational content to the system, especially in the outpatient component, with the inclusion of a procedure, amendment of attributes and creation of complementary attributes 061 and 062.

ANS news

Beneficiary satisfaction: operators conduct surveys until Apr 30

The National Supplementary Health Agency (ANS) announces that until Apr 30, health plan operators may contact beneficiaries to conduct satisfaction surveys in compliance with a requirement of the Operator Qualification Program. The goal is for users’ perceptions to serve as input for improving the quality of the services provided by health plans.

https://www.gov.br/ans/pt-br/assuntos/noticias/beneficiario/satisfacao-dos-beneficiarios-operadoras-realizam-pesquisas-ate-30-4-1

Open public consultations

  • CP 168. Subject: CP open for the submission of comments and suggestions on the proposed amendment of Normative Resolutions No. 516 and 521, of 2022. Deadline: Feb 23, 2026 to Apr 9, 2026.
  • CP 169. Purpose: to receive contributions on the proposed updates to the List of Health Procedures and Events (Rol). Deadline: Mar 11, 2026 to Mar 30, 2026.

Scheduled public hearings

There are no scheduled public hearings.

Open public calls for input

There is no open public call for input.

Open public calls

No updates.

Other news

– No changes.

Sources: Federal Official Gazette (DOU) and the ANS website. Press items link to the original article. This brief is for information only and does not constitute legal advice.