Telemedicinagargalos da regulação brasileira e sugestões de aprimoramento a partir da experiência australiana

Resumo

Telemedicine is the practice of medicine mediated by Digital, Information and Communication Technologies (DICTs) for the purposes of care, education, research, disease and injury prevention, health management and promotion. It follows the path of technological evolution, the sending of data, files and images, made possible by advances in the means of communication. Driven by the pandemic, its use has been increasing worldwide, and, in Brazil, the medical tool is undergoing rapid development. After more than 20 (twenty) years of legal uncertainty, in May 2022, the Federal Council of Medicine (CFM), which is responsible for the self-regulation activity of telemedicine, issued Resolution No. 2,314. Despite the regulation, the digital environment of medicine still faces a series of difficulties inherent to the tensions arising from new technologies and resulting from information asymmetry. The commitment to preserving innovation, democratizing access to healthcare, and, at the same time, the need to protect patient data and the autonomy of the parties involved are some of these challenges. The research problems addressed in the thesis are: why is it necessary to regulate telemedicine? Is the current national regulation of telemedicine sufficient to remedy the informational asymmetries present in the interactions observed in the sector, such as the doctor-patient, patient-State (public health network), and consumer-health plan relationships? Does the Australian experience have lessons that can contribute to improving the regulation of telemedicine in Brazil? The hypothesis of this work consists of addressing the problem of the need for changes in the current regulation of telemedicine in Brazil, based on the analysis of the current regulations, as well as verifying possible regulatory bottlenecks, if any. The methodology used was a legislative and bibliographic review and a case study of the Australian experience. The thesis presents the dynamics of the current regulation in the country, its challenges and the lessons learned from the Australian digital health system, with the study being part of the research line: “Economy, Intervention and Regulatory Strategies”. It is concluded that there are bottlenecks in the current regulation of telemedicine and that we can be inspired by learning experiences from the Australian digital health model, with due prior analysis of the financial impact necessary to support decision-making.

Ficha do documento

Tipo

Tese

Ano

2025

Instituição

FGV

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36850

Temas

TecnologiaSaúde

Palavras-chave

TelemedicinaSaúdePrivacidadeAssimetria de informaçãoRegulaçãoAutorregulaçãoTelemedicineHealthPrivacyInformation asymmetryRegulationSelfregulationDireitoTelecomunicações na medicina - RegulaçãoInformação assimétrica