07/25/2013

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Insurance It is routine in our consultation of obesity surgery the frequent question of our patients about whether surgery may be covered by insurance policies that have, up to this point had been punctual cases that had been covered under very strange criteria by some insurance companies. Since last July 29, 2010 entered into force in Venezuela the new activity insurance law, which among its amendments are recognized pre-existing and acquired diseases like morbid obesity, among others. That we can expect from this law? In view of surgery which has been linked since a long time ago with the aesthetics and beauty be insurers have related it with plastic surgery; reason why have refused to cover it, the our goal always has been reporting that obesity is a disease that, as such, brings many limitations in patients and that is inducing a significant amount of diseases among which we can count: Arterial hypertension, Diabetes, Sleep Apnea, among other diseases that you derived in disability and death. We believe that before the entry into force of this Act, the insurance companies will be very suspicious of which cases in specific cover back to intense evaluations of case in particular; so far the criteria used to cover surgery for firms who accepted it were as follows: mass index body exceeding 40 Kg/mt2 submit at least 2 diseases along with obesity such as: hypertension blood chronic Diabetes type II Sleep Apnea severe hemorrhage Hiatal Hernia with reflux. Vesicular lithiasis. Metabolic syndrome all these corroborated by specialist doctors. We think that they will maintain these criteria, yet we hope.
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General Administrative Procedure Act 12588/2004-CR, and 12596/2004-CR, being that the tax administration should none dismissed the possibility of contesting the decisions of the tax court. Finally, with the Decree legislative No. 981 (existing since the 01.04.2007) - in force until the present day-drafting, removed the confusing causal or that could be antojadizas to the tax administration, and, in addition, it was deleted in the case of SUNAT, the requirement of authorization from the Ministry of economy and finance: article 157.-the tax administration has no legitimacy to act active. Exceptionally, the tax administration may contest the resolution of the tax court which exhausted the administrative channels through the administrative contentious procedure in cases the resolution of the Fiscal Tribunal incurred by one of the grounds for invalidity provided for in article 10 of Act No. 27444, General Administrative Procedure Act. So, today, tax administrations (SUNAT and municipalities, in accordance with articles 50 and 51 of the TUO of the tax code, approved by Supreme Decree No. 135-99-EF and amendments rules), in principle have NO legitimacy to sue the tax court to the judiciary, but if the have only if the administrative act issued by the Tribunal incurred on grounds of invalidity provided for in the Act. As we advance in the title of this essay, the problem is: having or not having that power. II. statement of the problem regardless of the normative evolution of article 157 of the tax code, this essay will briefly examine two tema:1) the exceptional power of the tax administration, for questioning the decisions of the tax court; (2) The congruence of the granting of this right with the block of constitutionality applicable to the questioning of administrative acts issued by collegiate bodies. III. ANALYSIS 3.1. PERFORMANCE of the public administration in principle, the entities of public administration must be...

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