Repealed - Whereby Decree Law 1301 Was Partially Amended 1994

Original Language Title: DEROGADO - Por la cual se modifica parcialmente el Decreto-ley 1301 de 1994

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1996 ACT 263

(January 24)

Official Journal No. 42,699 of 25 January 1996

1997, article 65, " by which the Health System is restructured and

dictate other provisions on Social Security for Forces

Military and National Police, " published in Official Journal No. 42,965,

of January 23, 1997. >

For which the Decree-Law number 1301 of 1994 is partially amended.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. The title of Decree-Law 1301 of 1994 will be as follows:

" For which the Health System of the Military Forces, the National Police and the civilian personnel of the Ministry of National Defense and the non-uniformed personnel of the National Police, as well as those of its decentralized entities, are organized.

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ARTICLE 2o. The article 1or. of Decree-Law 1301 of 1994, as follows:

" Article 1. Organization. Organize the Health System of the Military Forces, the National Police and the civilian personnel of the Ministry of National Defense and the non-uniformed personnel of the National Police, as well as that of its decentralized entities (SMP), whose Management, regulation and supervision shall be in charge of the State in the terms of this Decree.

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ARTICLE 3o. The numeral 3, of article 5o. of Decree-Law 1301 of 1994 will be thus:

3. The active-duty personnel, in the capacity of retirement or pension allowance of the Military Forces and the National Police, the civilian, active and pensioned personnel of the Ministry of National Defense, the non-uniformed personnel, will be affiliated to the SMP. National Police, as well as beneficiaries of retirement or pension allowance.

Public servants and pensioners of decentralized entities attached to or linked to the Ministry of National Defense may be linked, under the conditions of members, to the SMP.

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ARTICLE 4o. The literals c and f, from numeral 1, to item 6, or. Decree Law 1301 of 1994 will thus remain:

c) Civilian, active or pensioned personnel, Ministry of National Defense, and non-uniformed, active and pensioned personnel of the National Police;

(f) The beneficiaries of the pension for the death of the civil, active or pensioning staff, of the Ministry of National Defense and of the non-uniformed, active or pensioned personnel of the National Police.

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ARTICLE 5o. To numeral 1, in article 6, or. Decree 1301 of 1994 is added a new literal, as follows:

g) The public servants and the pensioners of the decentralized entities attached to or linked to the Ministry of National Defense who wish to be linked to the SMP.

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ARTICLE 6o. Add the numeral 1, in article 6, or. of Decree 1301 of 1994 with a new literal thus:

g) The students of Pregrad and Postgraduate of Medical and Medical Sciences who provide their services at the UPS of the SMP and who are not economically dependent on their parents. Their contributions will be subsidized by 50% from the Solidarity and Guarantee Fund of the Social Security System in Health.

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ARTICLE 7o. The students of Pregrad and Postgraduate of Medical and Paramedical Sciences who provide services at the UPS of the SMP, will be subject to the benefits and duties enshrined in Decree 1038 of June 20 of 1995 in its relevant part.

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ARTICLE 8o. To 7or. of Decree-Law 1301 of 1994 is added a numeral thus:

3. For the affiliates listed in the numeral 1, literal g, of article 6or. of this Decree, the following shall be beneficiaries:

a) The spouse or partner or permanent partner of the affiliate. For the case of the permanent partner only when the permanent union is greater than two (2) years,

(b) Children under the age of 18 of any spouse, who are part of the family core and who are economically dependent on the affiliate,

c) Children over the age of 18 with permanent disability or those under 25 years of age who are exclusively dedicated students and are economically dependent on the affiliate,

d) The parents of the non-pensioners who are economically dependent on it, when there is no spouse, partner or permanent partner and children entitled.

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ARTICLE 9o. To article 9or. of Decree-Law 1301 of 1994 is added a numeral, as follows:

3. The staff offices, or their equivalents, of the decentralised entities attached to or linked to the Ministry of National Defence, in respect of the active and pensioning staff to be linked to the SMP.

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ARTICLE 10. The 1o paragraph. Article 11 of Decree-Law 1301 of 1994 will thus remain:

" Paragraph 1o. When the health care of an affiliate who is active in the Military Forces, the National Police or the Ministry of National Defense or its beneficiaries should be provided abroad, because of the Member of the Commission, the SMP shall ensure the comprehensive provision of all medical-care and emergency services without prior approval.

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ARTICLE 11. Items 13, 15 , and 18 of Decree-Law 1301 of 1994 are added to paragraph, as follows:

" Paragraph. The provisions of this Article shall apply to the members referred to in paragraph 1, literal g, of Article 6or. of this Decree. The provision of health services arising from accidents at work and occupational diseases, as well as the recognition of the economic and welfare benefits for such members shall be borne by the General Risk System. Professionals concerned with the Law 100 of 1993.

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ARTICLE 12. Article 20 of Decree-Law 1301 of 1994 is added to a paragraph, as follows:

" Paragraph 4o. The base income for the affiliates referred to in item 1, literal g, of article 6or. This Decree will be established in Law 100 of 1993 and its Regulatory Decrees.

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ARTICLE 13. The numeral 5, of article 29 of Decree-Law 1301 of 1994 will remain so:

5. Dependencies of the Ministry of National Defense, National Police, and decentralized entities assigned to or linked to the Ministry of National Defense in charge of supporting SMP with the information regarding personnel.

a) Division of Social Benefits of the Ministry of National Defense and National Police,

b) The personnel offices or their counterparts in the Cabinet, the General Command of the Military Forces, the National Army Command, the National Navy Command, the Colombian Air Force Command, Recruitment, from the Directorate General of the National Police and from the decentralized entities attached to or linked to the Ministry of National Defense.

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ARTICLE 14. Article 73 of Decree-Law 1301 of 1994 will thus remain:

" Article 73. From the Military or Uniformed personnel of the National Police in commission of the service in the SMP.

1. The SMP may have Military or Uniformed personnel of the National Police in the Commission of the Service, provided it meets the required qualities and conditions.

2. The staff in committee shall be subordinate to the authorities of the SMP, in accordance with the provisions of Article XI of this Decree.

3. The active-duty personnel of the Military Forces who are on secondment to the respective subsystem, and therefore perform medical or paramedical or administrative tasks, will integrate a special payroll within each force and subject to the following rules:

(a) Both medical and paramedical staff, and other health professionals of the Military Forces may provide services to patients or persons who are not members or beneficiaries of the SMP and directly receive income by way of the corresponding professional fees, provided that this does not affect, in any way, their commitment to work in the same way,

(b) The facilities, equipment and envelopes of the health subsystem of the Military Forces Health subsystem shall be made available upon cancellation of the corresponding rights, for the provision of services to third parties that do not have the status of members or beneficiaries of the SMP.

PARAGRAFO. The Health Council of the Military Forces and the National Police will regulate the conditions under which revenues can be collected directly and the facilities, equipment and equipment used in the terms described in paragraphs a and b of paragraph 3 of this Article. The Director of each Health Services Unit shall ensure, in any case, the priority of health care for the members and beneficiaries of the SMP.

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ARTICLE 15. Article 74 of Decree-Law 1301 of 1994 will thus remain:

" Article 74. Of the civilian personnel working with the Military Forces Health Subsystem. Civilian personnel working in the Military Forces Health System will be subject to the following rules:

1. Both medical and paramedical staff, as well as other health professionals, members of the Health Subsystem of the Military Forces, may provide services to patients or staff who do not have the status of members and beneficiaries of the SMP. and directly receive income from the corresponding professional fees, provided that this does not affect, in any way, their commitment to work in the same way.

2. The facilities, equipment and envelopes of the Health Services Units of the Health Services Subsystem of the Military Forces will be available, after cancellation of the corresponding rights, for the provision of services to third parties who do not have the status of members and beneficiaries of the SMP.

PARAGRAFO. The Higher Health Council of the Military Forces and the National Police will regulate the conditions under which revenues can be collected directly and the facilities, equipment and equipment used. envelopes in the terms described in literals 1 and 2 of this Article. The Director of each Health Service Prostator Unit shall ensure, in the case, the priority of health care for the members and beneficiaries of the SMP.

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ARTICLE 16. It will be replaced in literal a, numeral 4, in article 29 , and in article 81 of Decree-Law 1301 of 1994 the Name "Health coordinating units" by "Health Directorates".

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ARTICLE 17. This Law governs from the date of its publication and will repeal the provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Publish and execute

Dada en Santafe de Bogota, D.C., on 24 January 1996.

ERNESTO SAMPER PIZANO

The Minister of National Defense,

JOHN CARLOS ESGUERRA PORTOCARRERO.

The Minister of Health,

AUGUSTO GALAN SARMIENTO.

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