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International Health Insurance for Brazilians Living Abroad

•10 min read•Autor verificado.•Updated on

Quick answer

Not by law. Law 9,656/1998 defines the reference plan with treatment provided exclusively in Brazil, and coverage abroad exists only if the contract provides for it. A resident of Brazil may buy insurance abroad only in the situations in art. 20 of LC 126/2007. Income tax does not allow a deduction for a health plan paid abroad.

Reference plan law
Law 9,656/1998treatment provided exclusively in Brazil
Insurance abroad by a resident of Brazil
foursituations set by LC 126, art. 20
Health plan paid abroad on income tax
Cannot be deductedper the IRPF manual
CDAM countries
Portugal, Cape Verde and Italy
CDAM validity in Portugal
6 months, 1 year or 5 years
Imagem ilustrativa: International Health Insurance for Brazilians Living Abroad

A health plan regulated by Brazil's National Supplementary Health Agency (ANS) covers, by law, treatment in Brazil: Law 9,656/1998 defines the reference plan with care "provided exclusively in Brazil." Anyone living or spending long periods abroad should check the contract.

You should also learn whether foreign insurance may be bought (Complementary Law, LC, 126/2007) and remember that Brazilian income tax does not accept health plans paid abroad.

Healthcare professional examining a patient in a modern, clean setting

Does a Brazilian health plan cover care outside Brazil?

As a rule, not by law. Art. 10 of Law 9,656/1998 establishes the reference plan or insurance with coverage of childbirth and treatment "provided exclusively in Brazil." Art. 12, II, "e", treats the transfer of a patient to another hospital as coverage "in Brazilian territory, within the geographic limits provided in the contract."

What counts in practice is the contract. Art. 16, X, of the same law requires contracts, regulations and general conditions to state the plan's geographic coverage area. The ANS tells consumers to check the coverage area in the contract and lists as options national, state, group of states, municipalities and group of municipalities. Foreign countries do not appear on that list.

PointWhat the law and the ANS sayWhat to do
Reference planCoverage of treatment provided exclusively in Brazil (Law 9,656, art. 10)Do not assume coverage abroad
Patient transferIn Brazilian territory, within the contract's coverage area (art. 12, II, "e")Ask whether transfer or repatriation exists and under what conditions
Geographic areaMust appear in the contract (art. 16, X); the ANS lists national, state, groups of states, municipalities and groups of municipalitiesRead the coverage clause and ask for an answer in writing

Does a "national" plan work for someone who spends long periods abroad?

It works for Brazilian territory. "National" is one of the geographic areas the ANS presents within the country, alongside state and municipal. The term describes where in Brazil the plan can be used, and it does not offer care in another country.

Before a long stay abroad, ask your plan operator these questions and keep the answers:

  1. •Does the contract provide any care outside Brazil? In which cases and with what limits?
  2. •Is there transfer or repatriation in an emergency, and who pays?
  3. •What happens to the monthly fee and the waiting period if I go months without using the plan?
  4. •Can I keep the plan if I change my residence to another country?

If the operator does not answer clearly, treat coverage abroad as nonexistent and look for another solution.

Can I buy health insurance from a foreign insurer?

It depends on who buys and how. Complementary Law 126/2007, art. 20, restricts the purchase of insurance abroad by individuals resident in Brazil to four situations:

Situation (LC 126, art. 20)In simple terms
ICoverage of a risk for which there is no insurance offered in Brazil, without violating the legislation
IICoverage of risks abroad, with a term limited to the period in which the insured is abroad
IIIInsurance covered by international agreements ratified by the National Congress
IVInsurance that, under the legislation in force on the date of the law, could already be bought abroad

For those who travel or spend long periods abroad and remain resident in Brazil, insurance with a term limited to the period abroad (item II) is the framework provided. Continuous international health insurance, without that limitation, requires analysis of the case. The rule speaks of "individuals resident in Brazil"; for that reason, anyone who has already left Brazil permanently should check their residency status before buying. The guide on international tax residency explains how that status is defined on the tax side.

Brazil's insurance supervisory body is Susep (Superintendence of Private Insurance), cited in Decree-Law 73/1966. If in doubt about the framework, consult a registered broker or Susep itself.

Healthcare professionals in a meeting in a modern hospital setting

How do I evaluate an international health policy?

Evaluate the policy by the contract text, not by the advertising. Premium amounts, limits and hospital networks vary by insurer, by country and by each person's profile; for that reason this guide cites no numbers. Before signing, confirm the points below in writing.

What to checkWhy it matters
Countries covered and countries excludedDefines where the plan applies, including on trips
Pre-existing conditionsMay be limited or excluded
Transfer and repatriationEmergency far from the country of residence
How the hospital is paidDirect payment by the insurer or reimbursement afterward
Waiting period and coverage startAvoids a surprise at the first hospital stay
Renewal and price adjustmentThe contract must say how the monthly fee changes
Language and venue of the contractDefines where and how to resolve a dispute

Can I deduct medical expenses incurred abroad on my income tax?

In part. If you file income tax as a Brazilian resident, art. 8, II, "a", of Law 9,250/1995 allows you to deduct payments to doctors, dentists, psychologists, physical therapists and hospitals, among others, relating to your treatment and that of your dependents. Paragraph 2, I, extends the deduction to payments to companies domiciled in Brazil that cover hospitalization, medical and dental expenses.

The income tax manual of Brazil's Federal Revenue Service (Receita Federal) details the case of expenses abroad:

ExpenseTreatment in the Receita manual
Payment to doctorsMay be made to an individual or abroad
Payment to hospitals, clinics and laboratoriesMay be made to a legal entity or abroad
Health plan paid abroad"Expenses with health plans paid abroad cannot be deducted"
Health plan in BrazilOnly payments to companies domiciled in Brazil

The same law also bars the deduction of expenses reimbursed by an entity of any kind or covered by an insurance contract (art. 8, § 2, IV). It also requires that the payment be proven and itemized, identifying who received it (art. 8, § 2, III). For payment in foreign currency, the manual refers to the Receita page "Payments abroad."

Anyone who has ceased to be a tax resident of Brazil should handle this with an accountant. The guide on permanent exit from Brazil shows the obligations of that stage.

Does the CDAM guarantee public healthcare in Portugal, Cape Verde and Italy?

For those three countries, yes, through an agreement. The Certificate of the Right to Medical Assistance (CDAM) comes from Brazil's social security agreements with Portugal, Cape Verde and Italy and allows you to use the public health system of the destination country as a local citizen, according to the gov.br portal. The service is free for the citizen. For Portugal, the validity is 6 months, 1 year or 5 years, depending on the reason for the trip; for Cape Verde and Italy, it is 1 year.

The certificate is not valid for other destinations. The article on how to keep contributing to INSS while living abroad explains what it requires and how it relates to the social security agreements.

Doctor examining an X-ray with a patient in an office

What are the steps before living or spending long periods abroad?

Follow this order so you do not discover a coverage gap in the middle of an emergency:

  1. •Reread the Brazilian plan's contract and identify the geographic coverage area.
  2. •Ask the operator whether there is coverage, transfer or suspension for someone who stays abroad, and ask for the answer in writing.
  3. •Define whether you remain a resident of Brazil or have changed residence, since this affects the insurance you can buy (LC 126, art. 20).
  4. •If the destination is Portugal, Cape Verde or Italy, check whether the CDAM fits your situation.
  5. •Compare international health policies using the checklist above and keep the contract.
  6. •Keep receipts and proof of medical expenses, identifying who received the payment, for your income tax return.
  7. •Consider the whole picture: social security, tax residency and health protection influence each other. The offshore guide for Brazilians abroad and the tax planning service help align these decisions.
international health insurancehealth plan abroadANS coverage abroadLC 126 insurance abroadmedical expenses abroad income taxCDAM

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Dr. Heitor Miguel

Attorney registered at OAB/SP 252,633. MBA in Business Law and M&A from FGV. Specialist in International Law and iGaming. President of the International Law Commission at OAB/SBC. Deal Maker of the Year 2014 – IAE Awards.

Tax PlanningComplianceInternational LawiGaming
Does a national health plan cover an emergency in another country?

Not by law. Law 9,656/1998 defines the reference plan with treatment provided exclusively in Brazil (art. 10), and the ANS tells consumers to check the geographic coverage area in the contract. There is coverage abroad only if the contract expressly provides for it, and this must be confirmed in writing with the operator.

Can a Brazilian resident in Brazil buy health insurance from a foreign insurer?

Only in the situations in art. 20 of LC 126/2007: a risk with no insurance offered in Brazil, coverage of risks abroad with a term limited to the period the person is away, insurance provided for in international agreements ratified by Congress, and insurance that could already be bought abroad on the date of the law.

Can I deduct from income tax the health plan I pay for abroad?

No. The income tax manual of the Receita Federal says that expenses with health plans paid abroad cannot be deducted. The health plan deduction covers payments to companies domiciled in Brazil (Law 9,250/1995, art. 8, § 2, I).

Can I deduct a consultation or hospital stay paid directly to a doctor or hospital abroad?

The Receita manual provides that payment to doctors may be made to an individual or abroad, and payment to hospitals, clinics and laboratories may be made to a legal entity or abroad. The deduction applies to your treatment and that of your dependents, requires proof and does not cover an expense reimbursed by insurance (Law 9,250, art. 8, § 2, II to IV).

Is the CDAM valid for any country in Europe?

No. The CDAM is issued based on Brazil's social security agreements with Portugal, Cape Verde and Italy. It allows you to use the public health system of those countries as a local citizen, it is free for the citizen and its validity depends on the destination and the reason for the trip.

Who supervises insurance in Brazil?

Susep (Superintendence of Private Insurance), which is part of the National Private Insurance System described in Decree-Law 73/1966. The ANS regulates the private health care plans of Law 9,656/1998.