No. 165

Federal Official Gazette

CFM RESOLUTION No. 2,460, OF MAY 21, 2026

Prohibits the payment, receipt or granting of economic advantage linked to the hiring of physicians or to the referral of care services (annex).

Note:

CFM Resolution No. 2,460/2026 prohibits the payment, receipt or granting of economic advantages linked to the hiring of physicians or to the referral of care services. The purpose of the rule is legitimate, above all in curbing payments for positions, refunds of fees and commissions capable of compromising professional autonomy and the independence of clinical decision-making.

The wording adopted, however, is broad and may create legal uncertainty. By mentioning bonuses, awards, administrative fees, indirect compensation and different forms of intermediation, the resolution may, in theory, reach legitimate mechanisms used in supplementary health, such as variable pay for quality, value-based models, performance incentives, network organization and care coordination programs.

The liability of physicians who hold management, coordination or administrative roles also deserves attention, as this provision may produce indirect effects on contracts between health plan operators and providers.