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The Superintendency of Companies, Securities and Insurance (SCVS) has introduced a new regulatory obligation applicable to companies that finance comprehensive prepaid healthcare services and insurance companies offering medical assistance coverage, in connection with the so-called “oncological right to be forgotten.” Through Resolution No. SCVS-INS-2026-00018787, published in Official Gazette No. 369 on September 15, 2026, the SCVS mandated the inclusion of an “oncological right to be forgotten clause” in the corresponding policies, contracts and/or plans.
The significance of this regulation goes beyond the formal incorporation of a new contractual clause. Its implementation has practical implications for underwriting and the processing of medical information. Entities subject to the Resolution will therefore need to assess whether their policies and contracts are appropriately aligned with the new requirements, as well as the consistency of their questionnaires, internal procedures and other processes related to the assessment, placement, renewal or amendment of coverage.
What does the “oncological right to be forgotten” mean?
The regulation is based on the right granted to individuals who, following a cancer diagnosis, have recovered and remained free from evidence of recurrence for the periods established by law. As a general rule, this period is five years from the completion of treatment. When the condition was diagnosed before the age of eighteen, the law cited in the Resolution provides for a period of three years from the completion of treatment with curative intent, provided there has been no subsequent recurrence.
The mandatory clause approved by the SCVS gives effect to this right in the insurance context: once the applicable periods have elapsed, the company may not deny coverage, impose exclusions, increase the contract price, apply additional premiums, or include questions concerning a history of cancer in relation to an insured, beneficiary and/or policyholder covered by this protection.
In addition, individuals are no longer required to disclose such medical history, and companies may not request, collect, use or consider such information for purposes of assessing, placing, renewing or amending insurance coverage. The Resolution also establishes a particularly relevant contractual consequence: any provision that contradicts this clause “shall be deemed unwritten.”
Who does it apply to?
The Resolution is primarily addressed to companies that finance comprehensive prepaid healthcare services and insurance companies offering medical assistance coverage, which are required to incorporate the clause into their policies, contracts and/or plans.
With respect to contracts and policies that are already registered, the obligation expressly applies to prepaid healthcare companies and insurance companies offering medical assistance coverage. In addition, Article Three provides that insurers whose products include life, medical assistance or personal accident coverage must update their policies through the Underwriting Materials System.
This latter point deserves particular attention, as it indicates that the regulatory review should not be limited exclusively to medical assistance products.
What should companies review?
From an implementation perspective — and here we enter into a practical interpretation of the obligations expressly established by the Resolution — merely inserting the new wording into the contractual terms would not appear to be sufficient.
The prohibition on asking questions about a history of cancer and on requesting, collecting, using or considering such information once the applicable periods have elapsed reasonably requires companies to review the consistency of their underwriting forms and questionnaires, health declarations, internal risk assessment rules, contract renewal and amendment processes, information systems, and criteria for applying exclusions, additional premiums or price adjustments. These implications arise directly from the substantive content of the mandatory clause.
It will be particularly important to ensure that the content of questionnaires and operational processes does not contradict what is formally stated in the policies.
Deadlines, registrations and products pending approval
The Resolution became effective upon its publication in the Official Gazette on September 15, 2026.
Prepaid healthcare companies and medical assistance insurers have six months from the effective date to incorporate the clause into registered contracts and policies and submit the corresponding documentation to the SCVS for approval and re-registration.
Insurers whose products include life, medical assistance or personal accident coverage must update their policies to incorporate the oncological right to be forgotten clause and complete the corresponding procedure before the SCVS.The Resolution establishes a period of “six (6)” from its effective date for this process, but does not expressly specify whether this refers to days or months. However, given that the immediately preceding article grants a six-month period for adapting contracts and policies that are already registered, a systematic interpretation of the Resolution would reasonably support the conclusion that the period established in Article Three is also intended to be six months. Notwithstanding the foregoing, it would be advisable for the SCVS to formally clarify this apparent omission.
Insurance and prepaid healthcare products that are currently undergoing approval and registration must also be brought into compliance with the new regulation.
Why is this relevant?
For individuals who have recovered from cancer, the Resolution seeks to prevent certain aspects of their medical history from continuing to result in contractual restrictions once the applicable periods have elapsed.
For insurers, prepaid healthcare companies, intermediaries and advisors, the change presents a different challenge: aligning contractual language with the operational realities of underwriting and risk management. Effective implementation of the oncological right to be forgotten is not limited to a contractual clause; it also involves the questions that are asked, the information that is collected, and the decisions subsequently made on the basis of that information.
The Resolution therefore marks the beginning of a period of contractual and operational adaptation for the market. Over the coming months, it will be important to carefully review policies, contracts, questionnaires and internal procedures, not only to formally incorporate the clause required by the SCVS, but also to ensure that the processes surrounding it are consistent with its content and scope.
© TobarZVS
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.