Key Benefits:
LAW 691 OF 2001
(September 18)
Official Journal No. 44.558 of 21 September 2001
Through which the participation of Ethnic Groups in the General System of Social Security in Colombia is regulated.
COLOMBIA CONGRESS
DECRETA:
APPLICATION, OBJECT, PRINCIPLES, AND AUTHORITIES.
ARTICLE 1o. APPLICATION. This law regulates and guarantees the right of access and participation of Indigenous Peoples in the Health Services, in dignified and appropriate conditions, observing due respect and protection of ethnic diversity and cultural of the nation. In scope of its application, it regulates the form of operation, financing and control of the Social Security System in Health, applicable to the Indigenous Peoples of Colombia, understanding by such definition given in article 1. of Law 21 of 1991.
ARTICLE 2o. OBJECT. This law aims to effectively protect the health rights of Indigenous Peoples, guaranteeing their cultural integrity in such a way as to ensure their social and cultural permanence, according to the established terms in the Political Constitution, in the International Treaties and the other laws concerning indigenous peoples.
ARTICLE 3o. OF THE PRINCIPLES. For the interpretation and application of this law, in addition to the general principles enshrined in the Political Constitution and those set forth in Law 100 of 1993, it is applicable The system of ethnic and cultural diversity; by virtue of which the system will practice observance and respect for its lifestyle and take into consideration its cultural and environmental specificities that will allow for harmonious development of peoples indigenous.
ARTICLE 4. in addition to the competent authorities, the General System of Social Security in Health, will be for the present law, agencies, agencies and institutions, the traditional authorities of the various Indigenous Peoples in their territories, for which their special legal and organisational nature will always be taken into account.
BINDING FORMS.
ARTICLE 5o. Bind. The members of the Indigenous Peoples will participate as members of the Subsidiary Regime, in the General System of Social Security in Health, except in the following cases:
1. That it is linked by job contract.
2. That is a public server.
3. To enjoy retirement pension.
The traditional and legitimate authorities of each Indigenous People will produce a census and keep it up to date, for the purpose of granting subsidies. These censuses must be registered and verified by the municipal territorial entity where the indigenous peoples have settled.
PARAGRAFO 1o. The Ministry of Health will link the entire indigenous population of the country to the term established in Article 157 literal b, second paragraph of Law 100 of 1993.
PARAGRAFO 2o. The unification of the POS-S to the POS of the contributory regime shall be carried out in relation to the totality of the health services at all levels of attention and in accordance with the socio-cultural particularities and The geographical area of indigenous peoples.
OF THE BENEFITS REGIME.
ARTICLE 6o. OF THE BENEFIT PLANS. Indigenous Peoples will be beneficiaries of the plans and programs provided for in Law 100 of 1993, as follows:
1. Mandatory Health Plan.
2. Compulsory Health Care Plan (as defined in the 1997 Agreement of the National Social Security Council on Health).
3. Basic Care Plan.
4. Initial Attention to Emergency Care.
5. Attention on Traffic Accidents and Catastrophic Events.
The activities and procedures not covered by any of the above Plans and Programs, will be covered by the resources of the Subsidy to the Offer in the Public Institutions or the Privadas that have a contract with the State.
ARTICLE 7o. THE MANDATORY HEALTH PLAN OF THE SUBSIDIZED REGIME P.O.S.S. The mandatory health plan of the subsidized regime for Indigenous Peoples will be expressly established by the Council. National of Social Security in Health, as a basic package of services, properly suited to the needs of Indigenous Peoples, in accordance with the previous article and the Law 100 of 1993.
ARTICLE 8o. FOOD SUBSIDY. Due to the nutritional deficiencies of the Indigenous Peoples, the P.O.S.S. will contain the obligation to provide a food subsidy to pregnant women and children under five years of age. The Family Welfare Institute-or the entity that does its own times-the Revivir Program of the Solidarity Network (or the agency that assumes this function), the departments and the municipalities will give priority to the Indigenous Peoples, for the allocation of food subsidies or for the implementation of nutritional recovery projects, based on sustainable production schemes.
ARTICLE 9o. MANDATORY HEALTH PLAN OF THE CONTRIBUTORY REGIME P.O.S.C. For the purposes of applying this plan to members of the Indigenous Peoples with the capacity to pay, the Public or Private Health Promoters will be obliged to design and implement the provision of the services of P.O.S.C., in equal conditions of access and respecting their rights in relation to the rest of the community in which they live. In other words, such EPS will be strictly subject to the principle of non-discrimination against members of the Indigenous Peoples ' communities, in terms of criteria, purposes, actions, services, costs and benefits.
ARTICLE 10. BASIC CARE PLAN. The execution of the P.A.B., will be free and compulsory and will be applied with rigorous observance of the principles of ethnic and cultural diversity and concertation.
The actions of the P.A.B., applicable to Indigenous Peoples, both in its formulation and in its implementation, will conform to the precepts, cosmovision and traditional values of these peoples, in such a way that the application of the resources ensure their permanence, culture and their community assimilation.
The P.A.B. may be formulated by the Indigenous Peoples, in their plans of life or development, for which the Territorial Entities where they are settled will lend the necessary technical assistance. This Plan should be incorporated into the sectoral health plans of the Territorial Entities.
The P.A.B. will be financed with resources allocated by the National Programs of the Ministry of Health, those coming from the fiscal position destined to the promotion of health and prevention of the disease, and with the resources that, for this purpose, Territorial Entities, as well as those for Indigenous Peoples.
In the execution of P.A.B., priority will be given to contracting with the authorities of Indigenous Peoples, their organizations and their institutions explicitly created by those communities for this purpose.
ARTICLE 11. ATTENTION TO TRAFFIC ACCIDENTS AND CATASTROPHIC EVENTS. For the implementation of this Plan, members of Indigenous Peoples are considered to be a catastrophic event for forced displacement, either due to natural causes or events generated by the social or political violence.
OF THE FINANCIAL.
ARTICLE 12. FINANCING OF AFFILIATION. The affiliation of Indigenous Peoples to the subsidized regime will be made from resources from:
a) Resources of the Social Security Subsidiary System in Health;
b) With inputs from Fosyga, sub-account of solidarity;
c) With Resources from Territorial Authorities, and
d) With input from Indigenous Respects.
PARAGRAFO 1o. In those settlements on the national territory, which do not belong to any municipality, the departmental resources from the conversion of supply subsidies to demand subsidies will be part of the the sources of funding referred to in this Article.
PARAGRAFO 2o. The National Council for Social Security in Health, may set the value of the UPC for Indigenous Peoples by up to fifty percent (50%), above the value of the normal UPC, based on criteria of geographical dispersion, population density, difficulty of access, epidemiological profiles, transfers of personnel and socio-cultural adequacy of health services.
ARTICLE 13. OF THE COST OF ACTIVITIES. For the elaboration of the studies that permit the adequacy of the P.O.S.S., the costs of the health activities or therapeutic applications used by the Indigenous Peoples of each community will be taken into account.
OF THE ADMINISTRATION OF SUBSIDIES.
ARTICLE 14. ADMINISTRATORS. They will be able to administer the subsidies of the Indigenous Peoples, the Entities authorized for the effect, prior to the fulfilment of the requirements demanded by the law. The authorities of Indigenous Peoples will be able to create Indigenous Health Administrators (ARSI), which will be able to develop this law:
a) Affiliate indigenous and general population beneficiaries of the subsidized health insurance scheme;
b) The minimum number of affiliates with which the Indigenous Health Administration (ARSI) will be able to operate, will be concluded between the National Council of Social Security in Health (CNSSS) and the Indigenous Peoples taking into account their special geographical location conditions and number of indigenous inhabitants in the region, of which at least 60% must belong to traditionally recognised Indigenous Peoples;
c) Dispose of a minimum estate equivalent to the value of one hundred and fifty (150) smlmv (monthly minimum legal salaries vigen tes) for every five thousand (5,000) administered subsidies.
For the purposes of calculating the minimum capital referred to in this Article, goods which are provided in kind shall only be counted for up to a value which in no case shall exceed 50% (50%) of the minimum capital required, which will be taken by value in books.
ARTICLE 15. ADVISORY. The Ministry of Health will guarantee the advice for the formation, consolidation, surveillance and control of the entities created or to be created by the Indigenous Peoples, for the administration of the subsidized regime.
The National Health Superintendence shall exercise surveillance and control over such entities.
MEMBERSHIP AND MOBILITY IN THE SYSTEM.
ARTICLE 16. CONTINUITY IN MEMBERSHIP. The territorial entities and the Solidarity and Guarantees Fund must ensure the continuity of the affiliation to the subsidized regime of all members of the Indigenous Peoples and especially their children from the time of birth.
ARTICLE 17. THE ADMINISTRATOR ' S CHOICE. Each indigenous community, in accordance with the procedure it determines, and in acta subscribed by the authorities of its own, shall select the institution managing the resources of the subsidized system, to which it shall Membership or transfer of all members of the respective community.
Any manifest conduct aimed at distorting the will of the community, for the affiliation or the transfer of the present article, will invalidate the respective contract and in this event will be counted with 45 working days for the move.
ARTICLE 18. LIMITATIONS. The authorities of the Indigenous Peoples, in consideration of the powers conferred upon them by the Law and in accordance with their uses and customs, may establish limitations on the promotion of services or the marketing of the administrative the subsidized regime within their territories, in the spirit and purpose of preserving their identity and socio-cultural integrity.
ARTICLE 19. GUARANTEE OF CARE BY MIGRATION. The territorial entities and the administration of the subsidized regime are in the obligation to guarantee the continuity of the subsidy and the health care, in the initially agreed conditions, to the members of the Indigenous Peoples who move from one place to another of the national territory, prior to certification of the traditional authority.
ARTICLE 20. EXEMPTION. Health services to be provided to members of indigenous peoples of the subsidized regime shall be exempt from the collection of moderating quotas and copayments.
Members of indigenous peoples of the contributory regime, in the terms of Article 5, will be subject to payment of moderating fees and copayments.
ARTICLE 21. OF THE APPLICATION CRITERIA. The health service plans and programs applicable to Indigenous Peoples will take into consideration indigenous knowledge and practices, based on the criteria of medical pluralism, complementarity therapeutic and interculturality. In this way, the actions in health must respect the socio-cultural contexts particularities and therefore, they will include activities and procedures of traditional indigenous medicine, in order to strengthen the cultural integrity of the Indigenous Peoples.
PARTICIPATION IN THE SYSTEM ADDRESS ORGANS.
ARTICLE 22. PRINCIPLE OF CONCERTATION. The design and implementation of the plans for benefits, programs and in general any action of health for the Indigenous Peoples defined in the sixth article (6or.) of this law, concerned with their respective authorities.
The government will regulate the provision of health services in the regions of the Amazon, Orinoquia and Costa Pacifica, for which it will implement and finance an operational model of care.
ARTICLE 23. REPRESENTATIVENESS. The Territorial Councils of Social Security in Health will have one (1) member representing the various Indigenous Peoples present in the corresponding territory, who will be appointed by the traditional mechanisms of these communities.
ARTICLE 24. authorities of the Indigenous Peoples will be part of the network of controllers of the General System of Social Security in Health, in order to guarantee effective control and surveillance to the institutions of the service of health (IPS) and the administration of the resources of the subsidized regime.
GENERAL PROVISIONS.
ARTICLE 25. OF THE PROCUREMENT WITH IPS PUBLICATIONS. For purposes, of the procurement that must be carried out by the administration of the subsidized regime with the public PSUR, it will be understood as part of the public network, to the IPS created by the Indigenous Peoples ' Authorities.
ARTICLE 26. TRAINING PROGRAMS. In inspection and surveillance agencies or entities that perform these functions, regular training programs for officials in aspects related to the legislation concerning the Indigenous Peoples.
Training programs will be extended to both traditional indigenous authorities and public servants who directly or indirectly address issues with Indigenous Peoples.
ARTICLE 27. INFORMATION SYSTEMS. The Ministry of Health will adapt the information systems of the General System of Social Security in Health, so that they respond to the ethnic and cultural diversity of the Colombian Nation, including in particular indicators concerning traditional medical conditions and medical concepts of Indigenous Peoples, in order to have reliable, timely and consistent information with their conditions, uses and customs, which allows to measure impact, efficiency, effectiveness, coverage and results of the Health Services concerned.
ARTICLE 28. Communications. The Ministry of Health will assign a percentage of no less than five (5%) of the resources for strengthening the Emergency Network, for the financing of the communication, transport and logistics systems that are necessary, in areas where Indigenous Peoples are located.
ARTICLE 29. REFERENCE AND COUNTERREFERENCE SYSTEM. To ensure access to the higher levels of health care, the Reference and Counterreference System will allow for the prompt and timely referral and attention of the Indigenous people who require it.
PARAGRAFO. In cities with second and third level medical care hospitals, appropriate actions will be available to organize passing houses, in which the companions or interpreters of the remitted. These houses may be assigned and awarded by the National Narcotic Council of those seized in development of their activity.
ARTICLE 30. LEGAL COMPLEMENTARITY. The aspects not covered by this law relating to the provision of health services to indigenous groups shall be regulated in any case by the relevant existing rules or by those that are developed with After the issuance of the latter, but in a special way in accordance with Law 100 of 1993, Law 21 of 1991, Law 60 of 1993, Decree 1811 of 1990 and other rules on the material.
ARTICLE 31. VALIDITY. This law governs from the date of its publication and repeals all rules that are contrary to it.
The President of the honorable Senate of the Republic,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
GUILLERMO GAVIRIA ZAPATA.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
PUBLISH AND COMPLY.
Dada en Bogotá, D. C., 18 September 2001.
ANDRES PASTRANA ARANGO
The Minister of Finance and Public Credit,
JUAN MANUEL SANTOS CALDERÓN.
The Minister of Health,
SARA ORDONEZ NORIEGA.
