How will the refund of money be to affiliates, according to a new agreement with the Government

How will the refund of money be to affiliates, according to a new agreement with the Government
How will the refund of money be to affiliates, according to a new agreement with the Government


Justice approved the agreement signed at the end of May between the Government and more than 40 prepaid companies within the framework of the conflict that began in April due to quota increases. After the approval made by Judge Juan Rafael Stinco, in charge of Civil and Commercial Court No. 3, the entities began to communicate what increases will apply in July and, at the same time, what is the credit balance of each member; that is to say, How much money will be counted in your favor on bills for the next 12 months, given the increases that occurred in the first months of the year above the inflation rate.

The agreement signed in court specifies, on the one hand, that Starting in July prices will move freely. By virtue of this, companies are communicating disparate increases, ranging from 4.2% to 9.4%. The liberation of prices, strictly speaking, was ordered by DNU 70 of December 2023, But four months later the Government considered that the increases were being abusive and that the companies had become cartelized, so they took the issue to court. Furthermore, the Ministry of Economy issued an administrative measure providing restrictions for the increases of a group of prepaid (which now, with the judicial approval of the parties’ agreement, was annulled).

Regarding the fees collected in the first months of the year, the agreement included a clause referring to the return of money to affiliates. Days later, on June 4, there was another pact, in which It details how the account is made to determine the amount in question. The calculation was, according to the text of the approval, prepared by the Government; more specifically, by the Financial Economic Control management of the Superintendency of Health Services.

According to the example given in the text of the “Act of implementation”, signed by representatives of 33 prepaid companies, the Superintendency of Health Services and the Ministry of Industry and Commerce, the debt for each month is calculated by observing the difference between the amount actually collected and the amount that would have resulted if the inflation of the previous month had been applied, as a percentage increase. The amount What this gap represents is updated using as a reference the monthly rate paid by Banco Nación for fixed-term deposits; that is, for an index lower than inflation.

Judge Juan Rafael Stinco approved the agreement reached by the Government and the prepaid companies at the end of May

In the case of the months after January, to calculate the gap between what was collected and what should have been collected if the increases had been according to inflation, The figure actually invoiced is taken as a comparable value, and not the one that would have been charged if in each previous period the amount had also been calculated following the variation in prices.

For example, following the case used as an example in the minutes that are part of the court file, if the December installment was $100,000 and January’s of $140,000 (after a 40% increase), it is understood that by applying the criterion of increase according to the inflation of the previous month, It should have been $125,500, since the price index advanced 25.5% in December. The difference is $14,500 and that number is updated using the aforementioned rate -cumulatively- corresponding to January, February, March, April, May and June. Therefore, a total of $21,316 is reached.

For the February installment, which in the case considered in the agreement minutes is $178,500 (after an increase of 27.5% compared to January) it is considered that it should have been applied 20.6%, which was the inflation index for the first month of the year. That percentage, for the purposes of the calculation to determine the amount to be returned, is not applied to $125,500, but on the $140,000 actually invoiced for January. Thus, the resulting figure is $168,840 and The gap with what was actually invoiced is $9,660, a figure that is updated by cumulatively applying the passive rates. February, March, April and May. And an amount of $13,008 is reached, which will be added to that of January and the following months.

In this way, the differences for each month are calculated as follows:

-For January: The figure that would have resulted from applying December inflation (25.5%) is subtracted from what was actually invoiced (which had an increase of around 40%); the number obtained is successively multiplied by 1.0917; 1.0917; 1.0917; 1.0583; 1.0417, and 1.025 (Banco Nación deposit rates corresponding to each month between January and June).

-For February: The difference is calculated between what was invoiced (with increases of between 27% and 30%) and the number that would have resulted if January inflation was applied, based on the figure actually invoiced for that first month of 2024; the result is successively multiplied by 1.0917; 1.0917; 1.0583; 1.0417, and 1.025 (the rates from February to June).

-By March: The invoiced amount is compared (there were increases of between 15% and 23%) with the figure resulting from applying February inflation (13.2%) to what was actually paid for that second month of the year; the number obtained is updated by multiplying it by 1.0917;1.0583; 1.0417, and 1.025.

-For April: The invoiced amount is compared (with readjustments of between 15% and 19%) with the figure that would have arisen from applying March inflation, of 11%, to the amount of the previous month’s installments. The result is readjusted by multiplying it by 1.0583; 1.0417, and 1.025.

-By May: The invoiced amount is compared (with increases of around 9%, which in several cases were cancelled) with the number resulting from applying to the April invoice the price increase index for that fourth month of the year, of 8.8%. The resulting figure is readjusted by multiplying it by 1.0417 and by 1.025.

To the number that arises from adding the amounts determined for each month divide it by 12. And the figure results from doing that account, it is what will be returned in July. For subsequent months, a 2.5% update is incorporated, period by period, equivalent to the deposit rate of Banco Nación in force in June.

According to the entities, the lending sector has been going through a financing crisis for yearsShutterstock – Shutterstock

In the example included in the minutes, for a fee that was $100,000 in December and reached $286,017 in May (a cumulative increase of 186% in five months), The balance in favor of the affiliate is, updated, $89,609.56. The first compensation, which will be an amount that will be deducted from the July fee, is $6,495.54; the second, $6,657.93; the third, $6,824.38, and each of the following will always be 2.5% higher than the immediately preceding one.

The mechanism by which balances in their favor must be made available to members covers both to those who pay for the entire plan with money from their pockets, as well as the so-called affiliates “deregulated” of the social security system, who are the ones who derive the contributions and salary contributions to pay part of your prepaid installment.

The signed minutes establish that the entities They must inform their members what credit they have in their favor.

With respect to the quota on which the readjustments will be calculated from July (already released), It is that of December readjusted, at most, by the inflation of the period from November to April; That is, the prices charged for June plans cannot be 133.4% higher than those of the last month of 2023. In other words, The invoice amount corresponding to this month must be no greater than December’s amount multiplied by 2,334.

At the same time that the new rules on quotas begin to be applied, managers in the private health sector once again warned about a financing crisis and about the risk that some 5,000 service providers will not be able to survive, because they face debts for tax obligations that, after more than two decades of not being the case, since August they could generate executions by the AFIP (since the period in which the regulations protected debtor entities expires).

According to a statement issued by the Argentine Health Union (UAS), which brings together financing and providing entities, the salary increase for health personnel that was signed on May 28, by 28% in three months “was signed despite the situation of bankruptcy that many providers in the system are going through, but understanding – above all things – the undeniable needs facing healthcare workers, affected by the liquefaction of their salaries, the increases in prices of the basic basket and the consequent loss of purchasing power.”

The writing indicates that the activity crosses “a dramatic defunding, as a consequence of the measures and regulations that successive governments have taken.”

The conflict with the prepaid companies and the government of Javier Milei began in April, after, Four months after the Executive Branch decided, through a DNU, the total liberation of prices without considering the numbers of the sector, from the Ministry of Economy and the Superintendency of Health Services The entities began to be accused of having cartelized to decide the increases, which in four months reached up to 165% and more in some cases. The prepaid argument was, among other points, that After 12 years with regulated prices, a general price delay was accumulated in relation to the increase in costs, much higher than the percentages by which they were able to readjust the values ​​of the health plans.

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