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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LAW 352
1997 (January 17)
Official Gazette No. 42965 of January 23, 1997
Whereby the health system restructuring and other provisions on Social Security Forces military and National Police. Summary

Term Notes
THE CONGRESS OF THE REPUBLIC OF COLOMBIA DECREES
:

Preamble Public Forces consist exclusively by the Armed Forces and the National Police, as provided by the Constitution in its Article 216 . the legislator, in accordance with this postulate exception, excluded from the Comprehensive Social Security System to members of the Armed Forces and the National Police and staff governed by Decree-law 1214 of 1990. in developing these principles, by virtue of this Act Health System of law enforcement personnel and governed by Decree-law 1214 of 1990, independent and harmonious with its logistical organization and restructuring its constitutional mission.
TITLE I.
HEALTH SYSTEM OF THE ARMED FORCES AND NATIONAL POLICE OF CHAPTER I.


COMPOSITION AND PRINCIPLES ARTICLE 1o. COMPOSITION OF THE SYSTEM. The Health Service of the Armed Forces and the National Police, SSMP, is made by the Ministry of National Defense, the Superior Health Council of the Armed Forces and the National Police, the Health Subsystem of the Armed Forces, Health subsystem of the National Police and members and beneficiaries of the system. Subsystem Health of Military Forces constitute the General Command of the Armed Forces, the Directorate General of Military Health, the National Army, Navy, Air Force and the Central Military Hospital. Subsystem Health of the National Police are the National Police and the Health Directorate of the National Police.
Article 2.
. OBJECT. The object of the SSMP is to provide comprehensive services in the areas of health promotion, prevention, protection, recovery and rehabilitation of affiliated personnel and their beneficiaries and the health service inherent in military and police operations. Effective Jurisprudence


ARTICLE 3. DEFINITION. For the purposes of this Act defines health as an essential public service inherent in its organization and operation, service-oriented active personnel, retired, annuitant and beneficiaries military and police logistics.

ARTICLE 4. BEGINNING. In addition to the general principles of ethics, equity, universality and efficiency will be guiding the activities of the bodies that constitute the SSMP, the following:
a) Rationality. The SSMP use resources rationally so that services are effective, efficient and equitable;
B) Mandatory. Membership is mandatory for all persons listed in Article 19 of this Law without prejudice to paragraph a), the 7th paragraph. the same article;
C) Equity. The SSMP guarantee to all its members and beneficiaries, regardless of their geographic location, degree or condition of uniformed or non-uniformed, active, retired or pensioned health services of equal quality. To avoid discrimination, the SSMP regularly inform the control bodies, the activities carried out, detailing the execution by degrees and conditions prior users;
D) Comprehensive protection. The SSMP provide comprehensive health care to its members and beneficiaries in their stages of education, information and health promotion, as well as aspects of prevention, diagnosis, treatment, rehabilitation, under the terms and conditions established in the plan service military and police health, and will attend all activities and supplies in operational health require the Armed Forces and the National Police to fulfill its mission. In the SSMP will be no restrictions on the services provided to participants and beneficiaries in respect of pre-existing conditions;
E) Autonomy. The SSMP is autonomous and governed exclusively in accordance with the provisions of this Act;
F) Decentralization and deconcentration. The SSMP be administered in a decentralized and devolved in the Armed Forces and the National Police subject to the policies, rules, guidelines and guidelines laid down by the Superior Health Council of the Armed Forces and the National Police;

G) Unit. The SSMP will have management unit, so that while service delivery is done in a decentralized or contracted, provided there is unity of direction and policies as well as proper coordination between subsystems and between entities and units of each ;
H) Functional integration. Organizations providing health services concur harmonically to deliver them by integrating their functions, actions and resources, according to the regulation to the effect adopts the Superior Health Council of the Armed Forces and the National Police ;
I) Independence of resources. The resources received the Armed Forces and the National Police to health must be managed funds account separate and independent from the rest of your budget and can only be used for the execution of these functions;
J) fair and preferential attention. SSMP all levels must pay fair and priority to members and beneficiaries. Therefore, they can only offer services to third parties or entities promoting health, once they have been duly satisfied the needs of such users and prior authorization of the Superior Health Council of the Armed Forces and the National Police. Effective Jurisprudence


CHAPTER II.
AUTHORITIES AND BODIES FOR MANAGEMENT SYSTEM

The 5th ITEM. FUNCTIONS OF NATIONAL DEFENSE MINISTER. In addition to the functions that the law assigns generally to the ministers, and particularly the Minister of National Defence, he will be responsible for the following in relation to the SSMP mode:
a) Prepare bills and decree related to the health of the Armed Forces and the National Police;
B) Take necessary measures to monitor, evaluate and control the SSMP standards. Effective Jurisprudence


ARTICLE 6o. SUPERIOR HEALTH COUNCIL OF MILITARY FORCES AND NATIONAL POLICE. Establécese permanently the Superior Health Council of the Armed Forces and the National Police, CSSMP, as lead agency and coordinator SSMP. The CSSMP shall consist of the following members:
a) The Minister of National Defence or the Deputy Minister for decentralized coordination as its delegate, who will preside entities;
B) The Minister of Finance or the Deputy Minister as his deputy;
C) The Minister of Health or the Deputy Minister as his deputy;
D) The General Commander of the Armed Forces or the Chief of Joint Staff as his delegate;
E) The National Army Commander or Deputy Commander as his delegate;
F) The Commander of the Navy or the Second Commander as his delegate;
G) The Commander of the Air Force as Deputy Commander or his delegate;
H) The Director General of the National Police or the Assistant Director General as his deputy;
I) A staff representative in possession of allocation of withdrawal of military forces or his deputy;
J) A representative of the staff enjoy retirement allowance of the National Police or his deputy;
K) A representative of pensioned staff of the Ministry of National Defense or his deputy;
L) A health professional designated by the National Academy of Medicine;
M) A representative of public officials and state employees of the defense sector. PARAGRAPH 1.
. They will be part of CSSMP with voice but no vote by the Director General of Military Health Service of the Armed Forces, the Director of Health of the National Police and the Director of Military Central Hospital. PARAGRAPH 2.
. The CSSMP shall meet once every three months or extraordinarily when requested by the president and may meet at least seven of its members. PARAGRAPH 3.
. Staff representatives in possession of allocation of retirement of the Armed Forces, National Police, retired from the Ministry of National Defense and public officials and state employees of the defense sector, referred to items i), j), k) and m), they shall be elected at national level by an absolute majority of votes and for a period of two years. The Board of the Fund of the Armed Forces Retirement and Retirement Salary Fund of the National Police, respectively, establish appropriate mechanisms for the election. Effective Jurisprudence


ARTICLE 7. FUNCTIONS. The functions of CSSMP: Effective Jurisprudence


A) Adopt the policies, plans, programs and priorities SSMP;
B) Identify the general guidelines of organization, orientation and operation of subsystems;

C) Approving the draft general budget of the health subsystems of the Armed Forces and the National Police, presented by the respective directors;
D) To approve the Plan of Military and Police Services Health and supplemental health plans, subject to available resources for the provision of health services in each of the subsystems;
E) determine and regulate the operation of the funds that are created by this Act; Effective Jurisprudence


F) To approve the management parameters, internal transfer and application of resources for each of the subsystems based on the available budgets; Effective Jurisprudence


G) Effective Jurisprudence

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H) To approve the amount of copayments and prorated for each of the subsystems to streamline the health service fees;
I) To authorize entities and units that make up the SSMP the provision of health services to third parties or entities promoting health and determine the parameters that ensure preferential care of the needs of the participants and beneficiaries of the system; Effective Jurisprudence


J) Adopt regimes referral and for each of the subsystems;
K)

Effective Decisions Legislation Previous


L) issue its own regulations;
M) To issue administrative acts for the performance of their duties;
N) Any others established by law.

Article 8. SECRETARIAT CSSMP. CSSMP Secretariat shall be exercised by the Defense Ministry official designated by the Minister of National Defence. The functions of the Secretariat shall be:
a) Act as Secretary at meetings of the Council and its Committees;
B) Communicate the convening of meetings of the Council in accordance with regulations and instructions given by its Chairman;
C) Develop and sign the minutes of the meetings of CSSMP;
D) Bring the archive of all acts, administrative acts and other acts of the Superior Health Council of the Armed Forces and the National Police;
E) Collect and integrate reports, studies and documents to be examined by the Superior Health Council of the Armed Forces and the National Police.
CHAPTER III.
SUBSYSTEM OF HEALTH OF THE ARMED FORCES

Article 9. HEALTH DEPARTMENT OF MILITARY. Believe the Directorate General of Military Health as a dependency of the General Command of the Armed Forces, whose purpose will be to manage resources Subsystem Health of Military Forces and implement policies, plans and programs adopted by the CSSMP and Health Committee the Armed Forces regarding Subsystem Health of Military Forces.
PARÁGRAFO. The National Government will take the necessary measures to ensure that all material resources organized as units providing services Health Institute of the Armed Forces move to the forces of origin, unless the Central Military Hospital, which will be established as a public establishment in accordance with the provisions below are held for the purpose. Effective Jurisprudence


ARTICLE 10. FUNCTIONS. The Directorate General of Military Health will be responsible for the following functions regarding Subsystem Health of Military Forces:
a) direct the operation and functioning of the Subsystem Health of Military Forces subject to the guidelines set by the CSSMP;
B) Manage the bottom-account Subsystem Health of Military Forces;
C) collect contributions by members Subsystem Health of Military Forces and the employer contribution by the State of which Article 32 and receive other income referred to in Article 34 of this Law;
D) Organize an information system within the subsystem, in accordance with the provisions issued by the Ministry of Health, which contains, among other things, the census of members and beneficiaries, their socio-economic characteristics, their status health and record the affiliation of staff belonging to the subsystem;
E) Prepare and submit for consideration by the Health Committee of the Armed Forces and CSSMP the overall program management, internal transfer and application of resources for the subsystem;
F) systematically assess the quality, efficiency and equity of direct and contracted services provided by the subsystem;
G) To organize and implement cost control systems Subsystem;
H) Develop studies and proposals required by the CSSMP or the Minister of National Defence;

I) Prepare and submit for consideration by the Health Committee of the Armed Forces and CSSMP the Plan of Military Health Services subject to available resources for the provision of health Subsystem Health of Military Forces ;
J) Effective Jurisprudence

Legislation Previous


K) To prepare the draft budget for investment and operating service and operational health care Subsystem Health of Military Forces for consideration by the Health Committee of the Armed Forces and subsequent approval of CSSMP;
L) Monitor the budget and evaluate the cost-effectiveness of resource utilization Subsystem Health of Military Forces relationship;
M) Refer regimes referral and for adoption by the CSSMP;
N) Manage additional resources to optimize the health service in the Armed Forces;
O) other duties assigned by law or regulations. Effective Jurisprudence


ARTICLE 11. HEALTH ADDRESSES Army, Navy and Air Force. Directorates of Health of each of the forces created by the internal rules of the same Armed Forces, carried out under the guidance and control of the General Directorate of Military Health the functions assigned to it in relation to each of their respective forces. Effective Jurisprudence


ARTICLE 12. COMMITTEE OF HEALTH OF MILITARY FORCES. Create the Health Committee of the Armed Forces as an advisory body and coordinator of the Directorate General of Military Health, which shall consist of the following members:
a) The Chief of Joint Staff of the Armed Forces;
B) The Deputy Commander of the National Army;
C) The Deputy Commander of the Navy;
D) The Deputy Commander of the Air Force;
E) The Scientific Deputy Director of Military Central Hospital;
F) A representative of the staff enjoy retirement allowance or retired Military Forces of the Ministry of National Defense;
G) The Head of the Planning Office of the Ministry of National Defense;
H) A health care professional as representative of public officials and state employees of the Armed Forces. PARAGRAPH 1.
. Will be part of the Committee, with voice but no vote, the Director General of Military Health and Directors of Health of the Armed Forces. PARAGRAPH 2.
. The participation of members of the Committee is delegated. PARAGRAPH 3.
. The Health Committee of the Armed Forces shall meet once every month or extraordinarily when requested by the chairman, may meet at least four of its members and will be chaired by the Officer oldest active duty.
PARÁGRAFO 4o. The staff representative in possession of allocation of withdrawal of military forces or pension from the Ministry of National Defense and the healthcare of public officials and state employees of the Armed Forces shall be elected by their representatives at the national level by a majority absolute of votes and for a period of two years. The Board of Retirement Fund of the Armed Forces, establish appropriate mechanisms for the election. Effective Jurisprudence




ARTICLE 13. FUNCTIONS OF THE COMMITTEE. The functions of the Health Committee of the Armed Forces following:
a) Develop and monitor compliance with policies, plans and programs that set the CSSMP respect Subsystem Health of Military Forces;
B) preliminarily approve the Plan of Military Health Services and general management program, internal transfer and application of resources for the subsystem;
C) Conceiving on the draft budget of the Directorate General of Military Health;
D) Evaluate the performance of military health facilities covering the health care service and operational support to members and beneficiaries Subsystem Health of Military Forces;
E) its own regulations;
F) others indicated in the law or regulations. Effective Jurisprudence


ARTICLE 14. FUNCTIONS ASSIGNED TO THE MILITARY. The Army, Navy and Air Force will be responsible for providing health services at all levels of care for members and beneficiaries Subsystem Health of Military Forces, through the characteristics of each of units Military or by hiring institutions providing health services and qualified professionals in accordance with plans, policies, parameters and guidelines established by the CSSMP Forces.

PARÁGRAFO. Establishments in military health service care health will be provided to all participants and beneficiaries Subsystem Health of Military Forces referred to in Articles 19 and 20 of this Law, the terms and conditions determined by the Health Committee Military Forces. Effective Jurisprudence


CHAPTER IV.
SUBSYSTEM HEALTH OF THE NATIONAL POLICE

ARTICLE 15. DIRECTION OF HEALTH OF THE NATIONAL POLICE. Create the Health Directorate of the National Police, as a dependency of the Directorate General of the National Police, whose purpose will be to manage resources Subsystem Health of the National Police and implement policies, plans and programs adopted by the CSSMP and the Health Committee of the National Police. Effective Jurisprudence


ARTICLE 16. FUNCTIONS. The functions of the Health Directorate of the National Police the following:
a) direct the operation and functioning of the Health Subsystem of the National Police, subject to the guidelines set by the CSSMP;
B) Manage the bottom-account Subsystem Health of the National Police;
C) collect contributions by members Subsystem Health of the National Police and the employer contribution by the State of which Article 32 and receive other income referred to in Article 34 of this Law;
D) Organize an information system within the subsystem, in accordance with the provisions issued by the Ministry of Health, which contains among other things the census of members and beneficiaries, the socioeconomic characteristics of the same, their health and record the affiliation of staff belonging to the subsystem;
E) Prepare and submit for consideration by the Health Committee of the National Police and the CSSMP the overall program management, internal transfer and application of resources for the subsystem;
F) systematically assess the quality, efficiency and equity of direct and contracted services provided by the subsystem;
G) To organize and implement cost control systems Subsystem;
H) Develop studies and proposals required by the CSSMP or the Minister of National Defence;
I) Prepare and submit for consideration by the Health Committee of the National Police and the Plan CSSMP Police Health Services subject to available resources for the provision of health services in the Health Subsystem of the National Police ;
J) Effective Jurisprudence

Legislation Previous


K) To prepare the draft budget for investment and operating service operational health and welfare Health Subsystem of the National Police for consideration by the Health Committee of the National and approval of CSSMP Police;
L) Monitor the budget and evaluate the cost-effectiveness of resource utilization Subsystem Health of the National Police relationship;
M) Refer regimes referral and for adoption by the CSSMP;
N) Manage additional resources to optimize the health service in the National Police;
O) Providing health services through subsystem units or by contracting with institutions providing health services or qualified professionals;
P) others indicated in the law or regulations. Effective Jurisprudence


ARTICLE 17. COMMITTEE FOR HEALTH OF THE NATIONAL POLICE. Create the Health Committee of the National Police, as an advisory body and coordinator of the Health Directorate of the National Police, which shall consist of the following members:
a) The Operational Director of the National Police;
B) The Managing Director of the National Police;
C) The Head of the Planning Office of the National Police;
D) The Scientific Deputy Director of Police Hospital;
E) A representative of the staff enjoy pension or retirement allowance from the National Police;
F) A health care professional as representative of public officials and state employees of the National Police. PARAGRAPH 1.
. It will be part of the Committee, with voice but no vote the Director of Health of the National Police. PARAGRAPH 2.
. The participation of members of the Committee is delegated. PARAGRAPH 3.
. The Health Committee of the National Police should meet once every month or extraordinarily when requested by the chairman, may meet at least three of its members and will be chaired by the Officer oldest active duty.

PARÁGRAFO 4o. The staff representative in possession of allocation of retirement or pension, and healthcare public officials and state employees of the National Police, will be elected by their constituents at the national level by an absolute majority of votes and for a period of two years. The Board of Directors of the Fund Salary Retirement National Police establish appropriate mechanisms for the election. Effective Jurisprudence


ARTICLE 18. FUNCTIONS OF THE COMMITTEE. The functions of the Health Committee of the National Police the following:
a) Develop policies, plans and programs that set the CSSMP respect Subsystem Health of the National Police;
B) preliminarily approve the Plan of Police Health Services and general management program, internal transfer and application of resources for the subsystem;
C) Conceiving on the draft budget of the Health Directorate of the National Police;
D) Evaluate the performance of health establishments of the National Police covering the health care service and operational support to members and beneficiaries Subsystem Health of the National Police;
E) its own regulations;
F) others indicated in the law and regulations. Effective Jurisprudence


TITLE II. SYSTEM BENEFITS


CHAPTER I. OF AFFILIATES AND BENEFICIARIES

ARTICLE 19. AFFILIATED. There are two (2) members of the SSMP classes:
a) Members subject to the system of trading:
1. Members of the Armed Forces and National Police on active duty.
2. Members of the Armed Forces and the National Police in possession of allocation of retirement or pension.
3. Civil, active or retired Ministry of National Defense and non-uniformed personnel, active and pensioned personnel of the National Police.
4. Volunteer soldiers.
5. The beneficiaries of pension or retirement allowance death of current employees, retired or retired from the Armed Forces or the National Police Service.
6. The death pension beneficiaries civil, active or retired personnel of the Ministry of National Defense and the non-uniformed, active or retired personnel of the National Police.
7. Public servants and pensioners of attached or linked to the Ministry of National Defense who wish to enter the SSMP decentralized entities.
8. Undergraduate and postgraduate medical and paramedical sciences that provide services in health establishments of SSMP.
B) Members not subject to the contribution scheme:
1. Students of schools training officers and NCOs of the Armed Forces and the National Police and students of the executive level of the National Police, referred to in Article 225 of Decree Law 1211 of 1990, Article 106 Decree 41 of 1994 and Article 94 of Decree 1091 of 1995, respectively.
2. People who are on compulsory military service. PARAGRAPH 1.
. When an affiliate for work comes to belong simultaneously to the General Social Security System in Health and SSMP, may request the temporary suspension of membership, trading and use of services SSMP. However, you can change your mind at any time. PARAGRAPH 2.
. Undergraduate and postgraduate medical and paramedical sciences that provide services in health establishments of SSMP will be subject to the benefits and duties established in current regulations. The provision of health services resulting from accidents at work and occupational diseases, as well as recognition of economic and welfare benefits for such members shall be the responsibility of the General System of Professional Risks that treats the Law 100 of 1993, the above without prejudice to the SSMP provide these health services and then repeat against the entities responsible for managing resources accident insurance and occupational to the respective student is affiliated disease. PARAGRAPH 3.
. The staff governed by Decree-Law 1214 of 1990 linked from the effective date of Law 100 of 1993, shall be governed by it in health. Effective Jurisprudence


ARTICLE 20 BENEFICIARIES. For members set out in paragraph a), paragraphs 1o., 2o., 3o., 4o. and 7th. Article 19 will benefit the following:
a) The spouse or companion or permanent companion affiliate. In the case of mate (a) only when the joining is more than two (2) years; Editor's Notes



B) Children under 18 years of either spouse, who are part of the household and are financially dependent on their parents;
C) Children over 18 years with permanent disability or those under 25 who are full-time students and economically dependent affiliate;
D) In ​​the absence of spouse, permanent partner and entitled children, family coverage may be extended to non-affiliate parent pensioners who are financially dependent on him. PARAGRAPH 1.
. Affiliates not subject to contribution scheme will not have beneficiaries on health services. PARAGRAPH 2.
. All those people who by court declaration of invalidity or non-existence of marriage, divorce judgment valid in Colombia or judicial or extrajudicial separation, perdieren the right to provide services as provided by Article 23 of the 2nd paragraph. of this law, may be beneficiaries of SSMP long as the affiliate canceled under the terms set by the CSSMP, the total cost of the PPCD to receive the Plan of Health Services SSMP. Effective Notes



Previous legislation PARAGRAPH 3.
. When members set out in paragraph a), paragraphs 1o., 2o. and 3o. Article 19 of this Law have entered the Ministry of National Defense or the National Police prior to the issuance of Decree 1301 of June 22, 1994, will be his beneficiaries, in addition to those set forth in this Article, the children who have 18 years of age before the issuance of this Law, to reach 21 years of age.
PARÁGRAFO 4o. Parents of active staff officers and NCOs of the Armed Forces and the National Police, which has entered the service prior to the issuance of Decree 1211 of 8 June 1990 and 096 of January 11, 1989 respectively, will the character of beneficiaries, provided they are financially dependent Officer or NCO. Editor's Notes

Effective Jurisprudence

ARTICLE 21. DUTIES
participants and beneficiaries. The duties of the members and beneficiaries:
a) ensure the comprehensive care of their health, their families and the community and comply fully with all the provisions in prevention, industrial safety and hygiene determine the SSMP.
B) Provide accurate, clear and complete information about their health status and their beneficiaries;
C) Caring and make rational use of resources, facilities and staffing and services;
D) timely pay contributions that may be required.
ARTICLE 22.
responsible entities. The Ministry of National Defense, the National Police, the Retirement Fund of the Armed Forces, the Fund Salary Retirement National Police and attached or linked to the Ministry of National Defense decentralized entities shall, as appropriate, the following duties in connection with the SSMP:
a) SSMP affiliating to the persons listed in Article 19 of this Law and register their respective beneficiaries;
B) Deduct contributions that correspond to each affiliate and transfer to the respective fund-account of each subsystem such contributions and the corresponding employer contribution by the State;
C) Updating monthly information on participants and beneficiaries as required by the SSMP and submit such information to the Directorate General of Military Health or the Health Directorate of the National Police, as appropriate.
CHAPTER II.

BENEFITS SCHEME
ARTICLE 23. HEALTH SERVICES PLAN MILITARY AND POLICE. All SSMP members and beneficiaries are entitled to a Health Services Plan, under the terms and conditions established by the CSSMP. The plan will allow the full protection of members and beneficiaries of the general sickness and maternity, in the stages of development and health promotion and prevention, diagnosis, treatment and rehabilitation for all diseases, depending on the intensity of use and levels of care and complexity to be defined. Through the Plan of Health Services, members and beneficiaries are entitled to the SSMP supply them within the country medical, surgical, dental, hospital, pharmaceutical and other health care services in hospitals, clinics and other providers service units or through such services contracts with natural or legal persons.
PARAGRAPH 1.
. When the medical-care care of a member who is on active duty in the Armed Forces, the National Police or the Ministry of National Defence or their beneficiaries be paid abroad, for being the affiliate service commission, SSMP ensure the comprehensive provision of all medical care services. Emergencies will be attended without prior approval. PARAGRAPH 2.
. The right to health services for members set out in the 5th numerals. and 6o. the literal a) of Article 19, and beneficiaries of members set out in Article 20, it shall be terminated for the following reasons:

A) For the spouse or life partner:
1. Death.
2. By judicial declaration of nullity or non-existence of marriage.
3. By judgment valid divorce in Colombia or by judicial or legal separation, or when it fails to do life together with the member spouse, except when the facts which led to divorce, separation, rupture of life in common cause they shall have been no fault attributable to the beneficiary of these rights spouse. Effective Notes



Previous legislation
B) For children.
1. Death.
2. Effective Jurisprudence

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3. Having reached the age limit established in this Act.
4. For economic independence.
ARTICLE 24.
preexistences AND SERVICES HIGH COST. In the SSMP is preexistences may not apply to affiliates. For beneficiaries of members who entered after the effective date of Decree 1301 of June 22, 1994, access to the provision of some high-cost services may be subject to minimum contribution periods affiliate in no case exceed 80 weeks. During these periods, the CSSMP may provide that access to those services, users must cover all or part of such costs. PARAGRAPH 1.
. A affiliates to withdraw from the SSMP, the General Social Security System in Health recognize them times SSMP membership for purposes of minimum waiting periods or contribution. PARAGRAPH 2.
. The minimum periods of contribution to the children of members subject to the system of contributions that were born or born after the membership shall not apply. Effective Jurisprudence


ARTICLE 25. OPERATIONAL HEALTH. Understood for Operational Health health activities inherent to military operations and activities of specialized health aimed at the maintenance and recovery of special medical fitness, they should have at all times the strength of the military and police forces to perform safely and efficiently in the characteristics of each Force activities, including among other health campaign, naval medicine and aviation medicine.
PARÁGRAFO. The Directors of Health of the Armed Forces and the National Police will have the administrative infrastructure in terms of the media, organization, operation and availability for immediate attention of the staff in this article.

ARTICLE 26 OCCUPATIONAL HEALTH. Occupational Health is understood by the activities of preventive medicine, occupational medicine, industrial hygiene and tending to preserve, maintain and improve individual and public health personnel in their usual occupations, in order to prevent diseases and accidents safety. also it covers activities to prevent common diseases are aggravated by working conditions.

ARTICLE 27. LABOUR MEDICINE. The SSMP conduct the evaluation of medical fitness to personnel required in the selection process, admission, promotion, retention and removal of the Ministry of National Defense and National Service and other circumstances that merit Police. Similarly, the SSMP advise in determining the time of disability and the degree of disability of in accordance with current standards.

ARTICLE 28. BASIC HEALTH. The SSMP work with the Ministry of Health the implementation of basic health plans covered by Article 165 of Law 100 of 1993

ARTICLE 29. SUPPLEMENTARY PLANS. The SSMP, after approval of the Superior Health Council of the Armed Forces and the National Police, may offer complementary plans through their local health or those with which it has contracts for the provision of the Plan of Health Services. Such plans will be financed entirely by the members or beneficiaries. Effective Jurisprudence


ARTICLE 30. CARE
INJURIES AND OCCUPATIONAL DISEASE. The provision of health services resulting from accidents or occupational disease will be in charge of SSMP.
ARTICLE 31.
CATASTROPHIC RISKS AND TRAFFIC ACCIDENTS. The Solidarity Fund and Guarantee System General Health Social Security will pay for the services rendered by the SSMP in accordance with Article 167 of Law 100 of 1993 and the provisions that add to or modify. Emergency cases generated in terrorist actions caused by bombs and explosive devices occurred in acts of service will be covered by the SSMP.
PARÁGRAFO. In cases of traffic accidents, coverage of medical and surgical services may be provided by the SSMP under the terms established by the CSSMP, without prejudice to repeat against insurers authorized to manage resources insurance compulsory traffic accident .
TITLE III.
FINANCING AND ADMINISTRATION OF SSMP

ARTICLE 32. QUOTES. The contribution to SSMP for members subject to the system of trading that is the literal a) of Article 19 shall be twelve (12%) calculated on the basis monthly income. The four (4%) will be in charge affiliate and eight (8%) remaining by the State, as employer contributions which will rotate through the entities responsible for dealing with Article 22 of this Law.
PARAGRAPH 1.. Undergraduate and postgraduate medical and paramedical sciences that provide services in health establishments of SSMP quoted the two (2%) of their basic income. PARAGRAPH 2.
. It is understood by base income base salary added with the family allowance in the case of military personnel on active duty, uniformed staff and non-uniformed national police and civilian personnel, assignment of retirement for staff in possession of allocation retirement or retirement beneficiary allocation; pensions for retirees and pension beneficiaries; and the monthly bonus for volunteer soldiers. PARAGRAPH 3.
. The base income for affiliates to refer to the literal), the 7th paragraph. Article 19 of this Law shall be established by Law 100 of 1993 and its implementing regulations.
PARÁGRAFO 4o. The total amount of contributions set out in this article will enter SSMP funds account. A point of the quote will be transferred to the Solidarity and Guarantee Fund to contribute to the financing of the beneficiaries of the subsidized the General System of Health Social Security regime. Effective Jurisprudence


ITEM 33. BUDGET FOR THE DEFENSE PER CAPITA (PPCD) SECTOR. The value of Per Capita Budget for the Defense Sector (PPCD) of SSMP be equivalent to a Capitation Payment Unit (UPC) of the General System of Social Security in Health, increased by a minimum of twenty percent.
Annually, before submitting the draft budget to Congress, the Government will evaluate the epidemológico profile of the relevant population, the risks covered by the SSMP and the costs of providing the service, and define on this basis increased need It is recognized, that in no case exceed thirty percent of the UPC the General System of Social Security in Health.

ARTICLE 34. NATIONAL BUDGET. They should seize the following resources from the national budget to meet the concepts set forth below:
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 Plan of Military and Police Services Health and UPC the General System of Social Security in Health. The amount of these resources is the result of subtracting the numeral 2o. of paragraph 1o. according to the following calculation method (1-2):
1. the value of the PPCD the SSMP by the number of affiliates subject to the system of contributions and beneficiaries multiplies.
2. the value of the current UPC multiplied by the number of affiliates subject to the system of contributions and their beneficiaries;
C) The value of the PPCD affiliates not subject to contribution scheme, which is determined by multiplying the cost of PPCD the SSMP by the number of affiliates not subject to contribution scheme;
D) The value of medical services resulting from industrial accidents and occupational diseases (ATEP), which may not be less than two percent (2%) of the corresponding payroll to annual base salary added with the family subsidy Ministry of National Defense and the National Police;
E) The costs of the adequacy of service delivery units;

F) The cost of technological renovation and other investments necessary to maintain and improve service.

ARTICLE 35. TERRITORIAL CONTRIBUTIONS. The territorial SSMP may receive contributions in the same terms contemplated in the law for other entities providing health services as providing services to the community in accordance with the respective plans.

ARTICLE 36. PAYMENTS AND SHARED prorated fees. In order to rationalize the use of services, beneficiaries may be subject to copays and prorated fees as determined by the CSSMP. These payments in no case may constitute barriers to service.
PARÁGRAFO. To determine copayments and prorated fees, the CSSMP should take as a basis the costs of the respective services. In any case, the prorated fees and co-payments may not exceed ten percent and thirty percent, respectively, of these costs. Effective Jurisprudence


ARTICLE 37. OTHER INCOME. Shall be derived from the sale of services, donations and other resources receive the SSMP.

ARTICLE 38. FUND ACCOUNT SSMP. For the purposes of the operation of the SSMP, will operate the fund has Subsystem Health of Military Forces and the fund has Subsystem Health of the National Police. The funds account shall be considered special funds without legal personality, nor plant personnel. The resources of the funds will be administered in the manner determined by the CSSMP, directly by the Directorate General of Military Health or the Health Directorate of the National Police, and executed by the Armed Forces or the National Police, as appropriate. The resources will be managed by fiduciary assignment as provided in the General Contracting Public Administration. They will enter each of the funds has the following resources as appropriate:
a) Revenues from trading affiliate and for the contribution of the State as employer contribution contribution;
B) The contributions of the national budget destined for the respective subsystem referred to in Article 32 and subparagraphs b), c), d), f) of Article 34 of this Law;
C) revenue sharing payments and prorated fees paid by beneficiaries of the respective subsystem;
D) Other resources or revenue assigned for the operation of each of the subsystems;
E) Funds from the sale of services;
PARÁGRAFO. The resources referred to by subparagraphs a), c) and e) will be collected and transferred directly to the bottom corresponding account for distribution and transfer.

ARTICLE 39. TRANSFER AND DISTRIBUTION OF RESOURCES SSMP. Resources account funds will be used exclusively to finance the respective sub-system, according to the priorities, budget and the distribution criteria approved by the CSSMP. Transfer and distribution of these resources must be made in proportion to the number and specific participants and beneficiaries treated in each health establishments of the Armed Forces or the National Police characteristics.
TITLE IV.

CENTRAL MILITARY HOSPITAL
ARTICLE 40. LEGAL STATUS. From this Act, the Lending Services Unit Central Military Hospital will be organized as a public institution under the Ministry of National Defense national, with legal personality, its own assets and administrative autonomy to the Central Military Hospital will be called, established in the city of Santa Fe de Bogota, DC
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