Whereby The Health System Restructuring And Other Provisions On Social Security For The Armed Forces And National Police

Original Language Title: Por la cual se reestructura el Sistema de Salud y se dictan otras disposiciones en materia de seguridad social para las Fuerzas Militares y la Policía Nacional

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352 OF 1997

(January 17)

Official Journal No. 42,965 of 23 January 1997

For which the Health System is restructured and other provisions on Social Security for the Military Forces and the National Police are being issued.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC OF COLOMBIA,

DECRETA:

Preamble

The Public Force is uniquely integrated by the Military Forces and the National Police, as provided by the National Constitution in its article 216. The Legislator, in agreement with this exception, excluded members of the Military Forces and the National Police from the Integral Social Security System and the staff governed by Decree-Law 1214 of 1990. In the development of these principles, by virtue of this Law, the Health System of the public force and the staff governed by Decree-Law 1214 of 1990, independently and harmoniously with its logistic organization and its mission, are restructed. constitutional.

TITLE I.

THE HEALTH SYSTEM OF THE MILITARY AND NATIONAL POLICE FORCES

CHAPTER I.

COMPOSITION AND PRINCIPLES

ARTICLE 1o. Health System of the Military Forces and the National Police, SSMP, is constituted by the Ministry of National Defense, the Superior Health Council of the Military Forces, and the National Police. Health subsystem of the Military Forces, the National Police Subsystem of Health and the affiliates and beneficiaries of the System. The Military Forces Health Subsystem is the General Command of the Military Forces, the General Directorate of Military Health, the National Army, the National Navy, the Air Force, and the Central Military Hospital. The National Police Health Subsystem is the National Police and the National Police Department of Health.

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ARTICLE 2o. OBJECT. The object of the SSMP is to provide the comprehensive health service in the areas of promotion, prevention, protection, recovery and rehabilitation of the affiliated personnel and their beneficiaries and the health service inherent in the operations military and police.

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ARTICLE 3o. DEFINITION. For the purposes of this Law, health is defined as an essential public service of the military and police logistics, inherent in its organization and operation, oriented to the service of the active, retired, pensioned and beneficiaries.

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ARTICLE 4. PRINCIPLES. In addition to the general principles of ethics, equity, universality and efficiency, they will be guiding the activities of the organs that constitute the SSMP, the following:

a) Rationality. The SSMP shall use resources in a rational manner so that the services are effective, efficient and equitable;

b) Mandatory. The affiliation of all persons set forth in Article 19 of this Law is mandatory without prejudice to the provisions of the literal (a), numeral 7o. of the same article;

c) Equity. The SSMP shall ensure equal quality health services to all its affiliates and beneficiaries, regardless of their geographical location, degree or condition of uniformed or non-uniformed, active, retired or pensioner. In order to avoid any discrimination, the SSMP shall regularly inform the control bodies, the activities carried out, detailing the performance by grades and conditions of the previous users;

d) Comprehensive protection. The SSMP will provide comprehensive health care to its members and beneficiaries in their phases of education, information and health promotion, as well as in the aspects of prevention, diagnosis, treatment, rehabilitation, in terms and conditions that be established in the plan of military and police health services, and will address all the activities and supplies that the Military Forces and the National Police require in the area of operational health for the performance of their mission. In the SSMP there will be no restrictions on the services provided to affiliates and beneficiaries by way of pre-existing;

e) Autonomy. The SSMP is autonomous and shall be governed exclusively in accordance with the provisions of this Law;

f) Decentralization and deconcentration. The SSMP will be administered in a decentralized manner and is concentrated in the Military Forces and the National Police, subject to the policies, rules, guidelines and guidelines drawn up by the Superior Health Council of the Military and Military Forces. the National Police;

g) Unit. The SSMP shall have a management unit, so that although the provision of services is carried out in a disconcentrated or contracted form, there is always a unit of management and policies as well as the proper coordination between the subsystems and between the entities and units of each of them;

h) Functional integration. Institutions providing health services will be in harmony with the provision of health services through the integration into their functions, actions and resources, in accordance with the regulation adopted by the Superior Health Council of the Military and National Police Forces;

i) Independence of resources. The resources received by the Military Forces and the National Police for Health shall be managed in separate and independent funds from the rest of its budget and may only be used for the execution of those functions;

j) Fair and preferential care. All levels of the SSMP shall be equal and priority to the members and beneficiaries of the SSMP. Therefore, they may only offer services to third parties or health-promoting entities, once the needs of such users have been properly met and prior authorization from the Superior Health Council of the Military Forces. of the National Police.

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CHAPTER II.

SYSTEM ADDRESS AUTHORITIES AND AUTHORITIES

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ARTICLE 5o. FUNCTIONS OF THE MINISTER OF NATIONAL DEFENSE. In addition to the functions that the law assigns to the ministers in general, and in particular to the Minister of National Defense, the minister will be in charge of the following in relation to the SSMP:

a) Prepare the bills and decree related to the health of the Military Forces and the National Police;

b) Adopt the rules necessary to monitor, evaluate and control the SSMP.

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ARTICLE 6o. SUPERIOR HEALTH COUNCIL OF THE MILITARY AND NATIONAL POLICE FORCES. The Superior Health Council of the Military Forces and the National Police, CSSMP, as the governing body and coordinator of the SSMP, will be established on a permanent basis. The CSSMP will be integrated by the following members:

a) The Minister of National Defense or the Deputy Minister for the coordination of decentralized entities as their delegate, who will preside over it;

b) The Minister of Finance and Public Credit or the Deputy Minister as his delegate;

c) The Minister of Health or the Deputy Minister as your delegate;

d) The Commander General of the Military Forces or the Joint Chief of Staff as its delegate;

e) The Commander of the National Army or the Second Commander as its delegate;

f) The Commander of the National Navy or the Second Commander as its delegate;

g) Air Force Commander or Second Commander as your delegate;

h) The Director General of the National Police or the Deputy Director General as its delegate;

i) A representative of the Military Forces ' retirement allowance staff or their alternate;

j) A representative of the National Police retirement allowance staff or their alternate;

k) A representative of the civil servants of the Ministry of National Defense or their alternate;

l) A healthcare professional, designated by the National Academy of Medicine;

m) A representative of public employees and official defense workers.

PARAGRAFO 1o. They will have part of the CSSMP with a voice but without a vote the Director General of Military Health of the Military Forces, the Director of Health of the National Police and the Director of the Central Military Hospital.

PARAGRAFO 2o. The CSSMP must meet once every three months or extraordinarily when requested by its president and may be at least seven of its members.

PARAGRAFO 3o. The representatives of the personnel on assignment of withdrawal of the Military Forces, National Police, Pensioning of the Ministry of National Defense and of the public employees and workers The defence sector, referred to in (i), (j), (k) and (m), shall be elected at national level by an absolute majority of votes and for a period of two years. The Board of Directors of the Military Forces Retirement Fund and the National Police Retirement Salary Fund, respectively, will establish suitable mechanisms to make the election.

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ARTICLE 7o. FUNTIONS. These are CSSMP functions:

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a) Adopt SSMP policies, plans, programs, and general priorities;

b) Point out the general guidelines for the organization, orientation and operation of the subsystems;

c) Approve the preliminary draft general budget of the health subsystems of the Military Forces and the National Police, presented by the respective directors;

d) Approve the Military and Police Health Services Plan and complementary health plans, subject to the resources available for the provision of the health service in each of the subsystems;

e) Determine and regulate the functioning of the account funds that are created by this Law;

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f) Approve the administration, internal transfer, and resource application parameters for each of the subsystems based on the available budgets;

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g)

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h) Approve the amount of shared payments and moderating fees for each of the subsystems in order to streamline the health service;

i) Authorize the entities and units that make the SSMP the provision of health services to third parties or health-promoting entities and determine the parameters that ensure the preferential care of the needs of the members and system beneficiaries;

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j) Adopt reference and counter-reference regimes for each of the subsystems;

k)

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l) Dictate your own regulation;

m) Exorder administrative acts for the performance of their functions;

n) The others I pointed to the law.

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ARTICLE 8o. SCSMP SECRETARIAT. The CSSMP Secretariat shall be exercised by the Ministry of Defense official designated by the Minister of National Defense. The functions of the Secretariat shall be as follows:

a) Act as Secretary at the meetings of the Council and its Commissions;

(b) Communicate the call for Council meetings in accordance with the regulations and instructions given by its President;

c) Develop and subscribe the minutes of CSSMP meetings;

d) Bring the file of all the minutes, administrative acts and other actions of the Superior Health Council of the Military Forces and the National Police;

e) Collect and integrate the reports, studies and documents to be examined by the Higher Health Council of the Military Forces and the National Police.

CHAPTER III.

MILITARY FORCES HEALTH SUBSYSTEM

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ARTICLE 9o. GENERAL DIRECTORATE OF MILITARY HEALTH. Create the Military Health Directorate General as a unit of the Military Forces General Command, whose purpose will be to administer the resources of the Military Forces ' Health Subsystem. implement the policies, plans and programs adopted by the CSSMP and the Military Forces Health Committee regarding the Military Forces Health Subsystem.

PARAGRAFO. The National Government will adopt the necessary provisions for all material resources organized as service units of the Health Institute of the Military Forces to be transferred to the forces of origin, except for Central Military Hospital, which shall be constituted as a public establishment in accordance with the provisions which are later given for the purpose.

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ARTICLE 10. FUNTIONS. The General Directorate of Military Health will be responsible for the following functions in relation to the Military Forces Health Subsystem:

a) Address the operation and operation of the Military Forces Health Subsystem subject to the guidelines outlined by the CSSMP;

b) Administer the Fund-Account of the Military Forces Health Subsystem;

c) Raise the contributions from the members of the Military Forces ' Health Sub-System, as well as the employer's contribution to the State in which it deals with Article 32 and receive the other income referred to in article 34 of this Law;

d) Organize an information system within the Subsystem, in accordance with the provisions of the Ministry of Health, which includes, among other aspects, the census of members and beneficiaries, their characteristics socio-economic, health status, and registration of the affiliation of the personnel belonging to the Subsystem;

e) To elaborate and present to the Health Committee of the Military Forces and the CSSMP the general program of administration, internal transfer and application of resources for the Subsystem;

f) systematically assess the quality, efficiency and equity of the direct and contracted services provided by the Subsystem;

g) Organize and implement the Subsystem's cost control systems;

h) Develop the studies and proposals required by the CSSMP or the Minister of National Defense;

i) Develop and submit to the Health Committee of the Military Forces and the CSSMP the Military Health Services Plan, subject to the resources available for the provision of the health service in the Health Subsystem of the Military Forces;

j)

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k) To prepare the preliminary draft of the investment and operational budget for the operational and health services of the Military Forces Health Subsystem for consideration by the Military Health Committee of the Military Forces and later approval of the CSSMP;

l) Track the budget and evaluate the cost-effectiveness of the use of the resources of the Military Forces Health Subsystem;

m) Recommend reference and counter-reference regimes for adoption by the CSSMP;

n) Manage additional resources to optimize the health service in the Military Forces;

or) The others who assign you the law or regulations.

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ARTICLE 11. ADDRESSES OF ARMY, NAVY AND AIR FORCE. The Health Directorates of each of the Forces created by internal rules of the same Military Forces, will exercise under the guidance and control of the Directorate General of Health Military the functions assigned to it in relation to each of their respective Forces.

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ARTICLE 12. MILITARY FORCES HEALTH COMMITTEE. Create the Military Forces Health Committee as an advisory body and coordinator of the Military Health Directorate-General, which will be composed of the following members:

(a) The Chief of Staff of the Military Forces;

b) The Second Commander of the National Army;

c) The Second Commander of the National Navy;

d) The Second Commander of the Air Force;

e) The Scientific Subdirector of the Central Military Hospital;

f) A representative of the Military Forces ' retirement allowance or pension allowance from the Ministry of National Defense;

g) The Head of the Planning Office of the Ministry of National Defense;

h) A health professional as the representative of public employees and official workers of the Military Forces.

PARAGRAFO 1o. They will have part of the Committee, with a voice but no vote, the Director General of Military Health and the Directors of Health of the Military Forces.

PARAGRAFO 2o. The participation of the members of the Committee is inselectable.

PARAGRAFO 3o. The Military Forces Health Committee must meet once every month or extraordinarily when requested by its president, it may hold at least four of its members and will be chaired by the President. Oldest active duty officer.

PARAGRAFO 4o. The representative of the staff in receipt of withdrawal of the Military or pension forces from the Ministry of National Defense and the health professional of public employees and workers Military Forces officers will be elected by their representatives at the national level by an absolute majority of votes and for a period of two years. The Board of Directors of the Military Forces Retirement Fund will establish suitable mechanisms to make the choice.

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ARTICLE 13. FUNTIONS OF THE COMMITTEE. The following are functions of the Military Health Committee:

a) Develop and monitor compliance with the policies, plans and programs that the CSSMP defines with respect to the Military Forces Health Subsystem;

b) Preliminarily Approve the Military Health Services Plan and the overall program of administration, internal transfer, and application of resources for the Subsystem;

c) Conceptuating on the preliminary draft budget of the Directorate-General for Military Health;

d) Evaluate the operation of the military health facilities that will cover the health care and operational health service to the affiliates and beneficiaries of the Military Forces Health Subsystem;

e) Give yourself your own regulation;

f) Others that point to the law or regulations.

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ARTICLE 14. FUNCTIONS ASSIGNED TO THE MILITARY FORCES. The National Army, the National Navy, and the Air Force will be responsible for providing health services at all levels of care to affiliates and beneficiaries of the Health Subsystem. the Military Forces, through the units of each of the Military Forces or by the hiring of health service and professional service providers, in accordance with the plans, policies, parameters and guidelines set by the CSSMP.

PARAGRAFO. In military health facilities, the health care service shall be provided to all affiliates and beneficiaries of the Military Forces Health Subsystem referred to in Articles 19 and 20 of this Law, in the terms and conditions determined by the Health Committee of the Military Forces.

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CHAPTER IV.

NATIONAL POLICE HEALTH SUBSYSTEM

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ARTICLE 15. NATIONAL POLICE HEALTH DIRECTORATE. Create the National Police Health Directorate, as a unit of the National Police Directorate General, whose object will be to administer the resources of the Health Subsystem of the National Police. National Police and implement the policies, plans and programs adopted by the CSSMP and the National Police Health Committee.

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ARTICLE 16. FUNTIONS. The following are the functions of the National Police Health Directorate:

a) Address the operation and operation of the National Police Health Subsystem, subject to the guidelines outlined by the CSSMP;

b) Administer the National Police Health Subsystem's Fund-Account;

c) Raise the contributions from the members of the National Police Health Sub-System, as well as the employer's contribution from the State in which it deals with Article 32 and receive the other income referred to in Article 34 of this Law;

d) Organize an information system within the Subsystem, in accordance with the provisions of the Ministry of Health, which includes among other aspects the census of members and beneficiaries, the socioeconomic characteristics of the same, their health status and register the affiliation of the personnel belonging to the Subsystem;

e) Develop and submit to the Health Committee of the National Police and the CSSMP the general program of administration, internal transfer and application of resources for the Subsystem;

f) systematically assess the quality, efficiency and equity of the direct and contracted services provided by the Subsystem;

g) Organize and implement the Subsystem's cost control systems;

h) Develop the studies and proposals required by the CSSMP or the Minister of National Defense;

i) Develop and submit to the Health Committee of the National Police and the CSSMP the Police Health Services Plan, subject to the available resources for the provision of the health service in the Health Subsystem of the National Police;

j)

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k) Develop the preliminary draft of the investment and operational budget for the health service of the National Police Health Subsystem for the consideration of the National Police Health Committee and later approval of the CSSMP;

l) Track the budget and assess the cost-effectiveness of the use of National Police Health Subsystem resources;

m) Recommend reference and counter-reference regimes for adoption by the CSSMP;

n) Manage additional resources to optimize the health service in the National Police;

o) Prestar health services through subsystem units or by hiring with health service providers or enabled professionals;

p) The others that point to the law or regulations.

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ARTICLE 17. NATIONAL POLICE HEALTH COMMITTEE. Create the Health Committee of the National Police, as an advisory body and coordinator of the National Police Health Directorate, which will be composed of the following members:

a) The Chief Operating Officer of the National Police;

b) The Administrative Director of the National Police;

c) The Head of the National Police Planning Office;

d) The Deputy Chief Scientific Officer of the Police Hospital;

e) A representative of the National Police retirement or pension allowance staff;

f) A health professional as the representative of public employees and official workers of the National Police.

PARAGRAFO 1o. It will be part of the Committee, with a voice but without a vote the Director of Health of the National Police.

PARAGRAFO 2o. The participation of the members of the Committee is inselectable.

PARAGRAFO 3o. The Health Committee of the National Police shall meet once every month or extraordinarily when requested by its chairman, may be at least three of its members and shall be chaired by the Committee. Oldest active duty officer.

PARAGRAFO 4o. The representative of the staff in receipt of retirement or pension, and the health professional of the public employees and official workers of the National Police, will be chosen by their represented at national level by an absolute majority of votes and for a period of two years. The Board of Directors of the National Police Retirement Pay Fund will establish suitable mechanisms to make the election.

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ARTICLE 18. FUNTIONS OF THE COMMITTEE. The following are the functions of the National Police Health Committee:

a) Develop the policies, plans and programs that the CSSMP defines with respect to the National Police Health Subsystem;

b) Preliminarily Approve the Police Health Services Plan and the overall program of administration, internal transfer, and application of resources for the Subsystem;

c) Conception on the preliminary draft budget of the National Police Health Directorate;

d) Evaluate the functioning of the National Police's health facilities that will cover the health and operational health service to the affiliates and beneficiaries of the National Police Health Subsystem;

e) Give yourself your own regulation;

f) The others that point to the law and the regulations.

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TITLE II.

SYSTEM BENEFITS

CHAPTER I.

OF AFFILIATES AND BENEFICIARIES

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ARTICLE 19. AFFILIATES. There are two (2) SSMP affiliate classes:

(a) Affiliates subject to the trading scheme:

1. The members of the Military Forces and the National Police in active service.

2. The members of the Military Forces and the National Police in the enjoyment of retirement or pension.

3. The civilian, active or pensioned personnel of the Ministry of National Defense and the non-uniformed, active and pensioning personnel of the National Police.

4. The volunteer soldiers.

5. The beneficiaries of pension or retirement allowance for the death of the personnel in active service, retired or retired from the Military Forces or the National Police.

6. 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 pensioning personnel of the National Police.

7. The public servants and the pensioners of the decentralized entities attached to or linked to the Ministry of National Defense who wish to join the SSMP.

8. Undergraduate and graduate students of medical and paramedical sciences who provide their services in the health facilities of the SSMP.

(b) Affiliates not subject to the trading scheme:

1. The students of the training schools of Officers and Sub-Officers of the Military Forces and of the National Police and the students of the executive level of the National Police, referred to in article 225 of Decree-Law 1211 of 1990, the article 106 of Decree-Law 41 of 1994, and Article 94 of Decree 1091 of 1995, respectively.

2. The persons who are providing the compulsory military service.

PARAGRAFO 1o. When an affiliate for work reasons comes to belong simultaneously to the General System of Social Security in Health and to the SSMP, you may request the temporary suspension of your affiliation, quotation and use of SSMP services. However, it may amend its decision at any time.

PARAGRAFO 2o. Undergraduate and postgraduate students of medical and paramedical sciences who provide their services in SSMP health facilities will be subject to the benefits and duties enshrined in the rules. in force. 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 covered by Law 100 of 1993, without prejudice to the fact that the SSMP provides such health services and subsequently repeats against the entities entrusted with the administration of the resources of the occupational accident and disease insurance professional to which the respective student is affiliated.

PARAGRAFO 3o. Staff governed by Decree-Law 1214 of 1990, linked to the validity of Law 100 of 1993, shall be governed by the law in the field of health.

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ARTICLE 20. BENEFICIARIES. For the affiliates listed in the literal a), numerals 1o., 2o., 3o., 4o. and 7o. of article 19, the following benefits:

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

Editor Notes

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

(c) Children over the age of 18 with permanent incapacity or those under 25 years of age who are students with exclusive dedication and are economically dependent on the affiliate;

d) In the absence of a spouse, partner or permanent partner and children entitled, the family cover may be extended to the parents of the non-pensioners who are economically dependent on him.

PARAGRAFO 1o. Affiliates not subject to the quote regime will not have beneficiaries in respect of health services.

PARAGRAFO 2o. 10 of Law 447 of 1998. The new text is as follows: > All those persons who, by judicial declaration of invalidity or non-existence of marriage, by judicial judgment of divorce valid in Colombia or by judicial or extrajudicial separation of bodies, lose the the right to the provision of services as ordered by Article 23 paragraph 2o. of this law, may be beneficiaries of the SSMP as long as the affiliate cancels, in terms of the CSSMP, the total cost of the PPCD to receive the Health Services Plan of the SSMP.

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PARAGRAFO 3o. When the affiliates are listed in literal (a), number 1o., 2o. and 3o. Article 19 of this Law have entered the Ministry of National Defense or the National Police prior to the issue of Decree 1301 of June 22, 1994. of those expressed in this Article, children who have been 18 years of age prior to the issue of this Law until they are 21 years of age.

PARAGRAFO 4o. The parents of the active staff of Officers and Sub-Officers of the Military Forces and the National Police, who have entered the service prior to the issue of Decrees 1211 of June 8 In 1990 and 096 on 11 January 1989 respectively, they shall have the character of the beneficiaries, provided that they are economically dependent on the Officer or Sub-Officer.

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ARTICLE 21. DUTIES OF THE MEMBERS AND BENEFICIARIES. They are the duties of the members and beneficiaries:

(a) To seek the integral care of their health, that of their families and that of the community and to give full compliance to all the provisions that in preventive matters, industrial safety and hygiene determine the SSMP.

b) Provide truthful, clear and complete information about your health status and that of your beneficiaries;

c) Take care and make rational use of resources, facilities and endowment, as well as services;

d) Pay the contributions in due time.

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ARTICLE 22. RESPONSIBLE ENTITIES. The Ministry of National Defense, the National Police, the Military Forces Retirement Fund, the National Police Retirement Salary Fund, and the decentralized entities attached to or linked to the Ministry of National Defence shall, as appropriate, have the following duties in relation to the SSMP:

a) Affiliate the SSMP to the persons listed in Article 19 of this Act and register their respective beneficiaries;

b) To discount the contributions that correspond to each affiliate and to transfer to the respective fund-account of each Subsystem those contributions and the corresponding employer contribution in charge of the State;

c) Update monthly the information regarding the members and beneficiaries that is required by the SSMP and submit this information to the General Directorate of Military Health or the National Police Department of Health, as the case.

CHAPTER II.

BENEFITS REGIME

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ARTICLE 23. MILITARY AND POLICE HEALTH SERVICES PLAN. All members and beneficiaries of the SSMP shall be entitled to a Health Services Plan, in the terms and conditions established by the CSSMP. The plan will allow the integral protection of the members and beneficiaries of the general disease and maternity, in the phases of promotion and promotion of health and prevention, diagnosis, treatment and rehabilitation, for all pathologies, according to the intensity of use and the levels of attention and complexity that are defined. Through the Health Services Plan, the members and beneficiaries will have the right to provide the SSMP within the country with medical, surgical, dental, hospital, pharmaceutical and other care services in hospitals, clinics and other service providers or through contracts of such services with natural or legal persons.

PARAGRAFO 1o. When the health care of an affiliate who is in active service in the Military Forces, National Police or the Ministry of National Defense or its beneficiaries must The SSMP will ensure the comprehensive provision of all medical-care services to the outside, as the service member is to be found. The urgencies will be attended without prior approval.

PARAGRAFO 2o. The right to health services for the affiliates enunciated in the 5o numerals. and 6o. from literal (a) of Article 19, and for the beneficiaries of the members listed in Article 20, shall be extinguished for the following reasons:

10 of Law 447 of 1998. The new text is as follows: >

a) For the spouse or permanent partner:

1. By death.

2. By judicial declaration of nullity or non-existence of the marriage.

3. For a court ruling of divorce valid in Colombia or for judicial or extrajudicial separation of bodies, or when it does not make life in common with the affiliated spouse, except when the facts that gave rise to divorce, to the separation of bodies, to the In the case of a life break in common, the spouse who is the beneficiary of these rights shall be liable without fault.

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b) For children.

1. By death.

2.

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3. For having met the age limit set in this Law.

4. For economic independence.

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ARTICLE 24. PRE-STOCK AND HIGH COST SERVICES. In the SSMP, no pre-stock may be applied to affiliates.  For the beneficiaries of the affiliates who have entered into the validity of Decree 1301 of 22 June 1994, access to the provision of some high cost services may be subject to minimum periods of During these periods, the CSSMP will be able to establish that to access these services, users will have to pay full or partially the costs of the same.

PARAGRAFO 1o. To affiliates who withdraw from the SSMP, the General System of Social Security in Health will recognize SSMP membership times for the purposes of minimum periods of absence or quotation.

PARAGRAFO 2o. The minimum quote periods shall not apply to the children of the members who are subject to the quote scheme who were born or are born after membership.

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ARTICLE 25. OPERATIONAL HEALTH. The health activities inherent in military operations and specialized health activities that aim to maintain and recover special psycho-physical fitness are provided by Operational Health. They must have at all times the troops of the Military and Police Forces to perform safely and efficiently in the activities of each force, including among other health campaigns, naval medicine and aviation medicine.

PARAGRAFO. The Directors of Health of the Military Forces and the National Police will have the administrative infrastructure in terms of the means, organization, operation and availability for immediate attention of the personnel involved. this article.

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ARTICLE 26. OCCUPATIONAL HEALTH. The activities of preventive medicine, work medicine, hygiene and industrial safety, aimed at preserving, maintaining and improving the individual and collective health of the staff in their health care. usual occupations, in order to prevent diseases and accidents. It also includes activities to prevent common diseases from being aggravated by working conditions.

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ARTICLE 27. OCCUPATIONAL MEDICINE. The SSMP will perform the evaluation of psycho-physical fitness to the personnel required in the process of selection, entry, promotion, permanence and withdrawal of the Ministry of National Defense and National Police and other circumstances of the service that so warrants. The SSMP shall also advise on the determination of the time of incapacity and the degree of invalidity of the staff, in accordance with the rules in force.

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ARTICLE 28. BASIC CARE. The SSMP will collaborate with the Ministry of Health to implement the basic care plans referred to in Article 165 of Law 100 of 1993.

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ARTICLE 29. SUPPLEMENTARY PLANS. The SSMP, with the approval of the Higher Health Council of the Military Forces and the National Police, will be able to offer additional plans through its health facilities or those with the which has contracts for the provision of the Health Services Plan. Such plans will be fully funded by the affiliates or beneficiaries.

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ARTICLE 30. ATTENTION TO ACCIDENTS AT WORK AND OCCUPATIONAL DISEASE. The provision of health services arising from accidents at work or occupational disease shall be carried out by the SSMP.

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ARTICLE 31. CATASTROPHIC RISKS AND TRAFFIC ACCIDENTS. The Solidarity and Guarantee Fund of the General System of Social Security in Health shall pay the services provided by the SSMP in accordance with the provisions of Article 167 of the 100 Act of 1993 and the provisions that add or modify it. The cases of urgency generated in terrorist actions caused by bombs and explosive devices that have occurred in service acts shall be covered by the SSMP.

PARAGRAFO. In the case of road accidents, the coverage of medical-surgical services may be provided by the SSMP in the terms established by the CSSMP, without prejudice to the use of the insurance companies authorised to administer the the resources for the compulsory insurance of traffic accidents.

TITLE III.

OF THE SSMP FINANCIAL AND ADMINISTRATION

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ARTICLE 32. CONTRIBUTIONS. The contribution to the SSMP for the members subject to the quotation scheme referred to in Article 19 a) shall be 12 (12%) per month calculated on the basis of the basic income. The four (4%) will be in charge of the affiliate and the eight (8%) remaining in charge of the State, as employer contribution which will be rotated through the entities responsible for dealing with article 22 of this Law.

PARAGRAFO 1o. Undergraduate and postgraduate students of medical and paramedical sciences providing services at SSMP healthcare facilities will be listed at two (2%) of their base income.

PARAGRAFO 2o. Basic income is understood to be the basic salary added with the family allowance in the case of active duty military personnel, uniformed and non-uniformed personnel of the National Police and personnel. civil, retirement allowance for staff on retirement allowance or retirement allowance beneficiary; pension for pensioners and pension beneficiaries; and monthly allowance for volunteer soldiers.

PARAGRAFO 3o. The base income for the affiliates referred to in literal (a), number 7o. Article 19 of this Law shall be that established in Law 100 of 1993 and its statutory decrees.

PARAGRAFO 4o. The total amount of the quotes set out in this article will be paid to the SSMP account funds. A point of the contribution will be transferred to the Solidarity and Guarantee Fund to contribute to the financing of the beneficiaries of the subsidized regime of the General System of Social Security in Health.

Effective Case-law
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ARTICLE 33. PER CAPITA BUDGET FOR THE DEFENSE SECTOR (PPCD). The value of the Per Capita Budget for the Defense Sector (PPCD) of the SSMP will be equivalent to a Payment Per Capitation Unit (UPC) of the General System of Social Security in Health, increased at a minimum of twenty per cent.

Annually, before presenting the draft budget to Congress, the National Government will assess the epidemic profile of the relevant population, the risks covered by the SSMP and the costs of providing the service, and will define with this basis the increase to be recognized, which in no case will exceed thirty percent of the UPC of the General System of Social Security in Health.

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ARTICLE 34. NATIONAL BUDGET. The following national budget resources should be appropriated to address the following concepts:

a) The employer contribution provided for in Article 32 of this Law;

b) The difference between the value of the PPCD required to finance the Military and Police Health Services Plan and the UPC of the General System of Social Security in Health. The amount of these resources is the result of subtracting the number 2o. from the numeral 1. according to the following calculation methodology (1-2):

1. The value of the PPCD of the SSMP is multiplied by the number of members submitted to the levy scheme and its beneficiaries.

2. The value of the UPC in force is multiplied by the number of members subject to the levy scheme and its beneficiaries;

(c) The value of the PPCD of non-trading members, which shall be established by multiplying the cost of the PPCD of the SSMP by the number of members not subject to the listing regime;

(d) the value of medical services arising from occupational accidents and occupational diseases (ATEP), which may not be less than two per cent (2%) of the payroll corresponding to the annual basic salary added to the family allowance of the Ministry of National Defense and National Police;

e) The costs of the adequacy of service delivery units;

f) The cost of technological renovation and other investments needed to maintain and improve service.

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ARTICLE 35. TERRITORIAL CONTRIBUTIONS. The SSMP may receive territorial contributions in the same terms as provided for in the legislation in force for other health service providers, as soon as they provide services to the community in accordance with the respective plans.

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ARTICLE 36. SHARED PAYMENTS AND MODERATING FEES. In order to streamline the use of services, beneficiaries may be subject to shared payments and moderating fees as per determine the CSSMP. These payments in no case can be made up of access barriers to the service.

PARAGRAFO. the determination of the shared payments and the moderating quotas, the CSSMP must take as a basis the costs of the respective services. In any case, the moderating quotas and the shared payments will not be able to exceed ten percent and thirty percent, respectively, of these costs.

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ARTICLE 37. OTHER INCOME. It shall be derived from the sale of services, donations and other resources received by the SSMP.

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ARTICLE 38. SSMP ACCOUNT FUNDS. For the purposes of the SSMP operation, the fund will operate the Military Forces Health Subsystem and the National Police Health Sub-System. The funds account shall have the character of special funds, without legal status, or plant of staff. The resources of the funds will be administered in terms determined by the CSSMP, directly by the Directorate General of Military Health or the National Police Department of Health, and executed by the Military Forces or the Police. National, as appropriate. The resources may be administered by trust in accordance with the provisions of the General Staff Regulations of the Public Administration. The following resources will be credited to each of the funds as the case may be:

(a) The income from the contribution of the affiliate and the contribution from the State as a employer contribution;

b) National Budget contributions to the respective Subsystem referred to in Article 32 and literals (b), (c), (d), and (f) of Article 34 of this Law;

c) Revenue from shared payments and moderating fees made by the beneficiaries of the respective Subsystem;

d) Other resources or revenue for the operation of each of the Subsystems;

e) Resources derived from the sale of services;

PARAGRAFO. The resources referred to in (a), (c) and (e) shall be collected and transferred directly to the relevant account for distribution and transfer.

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ARTICLE 39. TRANSFER AND DISTRIBUTION OF THE SSMP RESOURCES. The resources of the funds account shall be allocated exclusively to the financing of the respective Subsystem, in accordance with the priorities, budget and distribution criteria approved by the Fund. the CSSMP. The transfer and distribution of these resources must be carried out in proportion to the number and specific characteristics of the members and beneficiaries attended in each of the health establishments, the Military Forces or the the National Police.

TITLE IV.

FROM CENTRAL MILITARY HOSPITAL

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ARTICLE 40. LEGAL NATURE. As of this Law, the Prestatora Unit of Central Military Hospital Services will be organized as a public establishment of the national order attached to the Ministry of National Defense, with legal status, own patrimony and administrative autonomy, which will be called Central Military Hospital, with its registered office in the city of Santa Fe de Bogota, D.C.

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