On September 17, 2025, was published a Law amending Law nº 14,133/21 regarding Public Procurement and Administrative Contracts, to establish requirements for the purchase of equipment for diagnostic or therapeutic procedures within the Unified Health System (SUS). The amendment aims to make the SUS procurement process more rational.
For instance, the new law adds Article 44-A to the Law nº 14,133/2021, providing that, in the case of bids for the purchase of equipment intended for diagnostic or therapeutic procedures in the SUS that exceeds BRL50,000.00 (fifty thousand reais, approximately USD 10,000.00) – or with maintenance and operating costs exceeding that amount per year – the bidding process must take into account the adequate use of such equipment throughout its useful life.
The bidding notice must also demonstrate the installed capacity for the operation of the equipment, or the plan to meet the requirements necessary for the operation itself.
In addition to the above provisions, Law nº 15,210/2025 vetoed paragraphs 2 to 5 of the bill approved by the Brazilian Congress, which required a schedule for training and hiring qualified personnel to operate the equipment, as well as a schedule for constructing and adapting the physical space of the site, to be completed prior to delivery of the equipment.
The requirement to prove, within six (6) months after delivery or installation of the equipment, the existence of a sufficient number of professionals qualified to operate, maintain, and repair the equipment, and the effective installation of the equipment in an adequate space, was also vetoed.
The law will come into force 180 (one hundred and eighty) days after its publication, i.e., on March 15, 2026.
