State Council denies precautionary measures requested by the Ministry of Health against EPS | Government | Economy

The Council of State decided to deny a request for a precautionary measure presented by the Ministry of Health against 26 EPS in the country, in order to order these entities “to carry out the necessary steps in order to fully comply with the investments of technical reserves, which guarantee the right to health and its proper provision”.

(Read: Council of State declares void appointment of Omar Prías to the Creg due to experience).

The request was made based on a report submitted by the Comptroller’s Office, in which they warn that 26 EPS owe $25 billion to the health system and that 16 of them do not comply with some indicators established by the Law, situation that would be generating non-compliance with the investment regime of technical reserves.

The request for a precautionary measure was directed against the Valle del Cauca Family Compensation Fund-Comfenalco Valle EPS; the Compensar EPS Family Compensation Fund, Sanitas SA EPS; the EPMentidad Adapted Health Medical Service Unit EAS016; Famisanar EPS; the Social Liability Fund of the National Railways of Colombia; the Western Health Service SA; Capital Salud EPS-S SAS; Capresoca EPS-S; the Medellín Antioquia Alliance EPS SAS; the Nueva EPS SA; the Cajacopi Atlántico Family Compensation Fund; Cajacopi EPS SAS; Asmet Salud EPS SAS; Emssanar EPS SAS; Salud Mia EPS; the Chocó Family Compensation Fund Comfachocó; the Comfaoriente Eastern Family Compensation Fund; the Ser Solidarity Health Company Mutual Association ESS; the Coosalud ESS Comprehensive Health and Development Solidarity Company Cooperative; Salud Total EPS and EPS Sura.

Eps

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(See: Without solutions to the EPS crisis, the level of service in the health system worsens).

Although the Government supported the request for the precautionary measure with figures from the aforementioned report, The Council of State determined that there was no violation of a collective right or the right to health being put at risk..

In other words, the argument did not demonstrate that there was a sufficient danger to establish a precautionary measure.

“The plaintiff refers to various reports and press releases issued by the National Health Superintendence and the Comptroller General of the Republic. The truth is that these documents do not constitute summary evidence, which proves the occurrence of the event, since they were issued precisely to verify whether the alleged facts are true or not,” clarifies the high court.

(Also: Ecopetrol’s finances falter due to delays in payments intended to cover the Fepc).

The Comptroller’s Office document highlighted the alleged non-compliance of said EPS with the Investment Regime of technical reserves. According to the Ministry of Health, non-payment of these debts would violate collective rights, since the deficiencies that would begin to appear threaten the defense of public assets, access to public services, as well as the efficient and timely provision of services.

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