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By Which Standards Are Adopted To Improve Care By The Colombian State Of The Population Suffering From Ruinous Or Catastrophic Diseases, Especially Hiv-Aids

Original Language Title: Por la cual se adoptan normas para mejorar la atención por parte del Estado colombiano de la población que padece de enfermedades ruinosas o catastróficas, especialmente el VIH-Sida

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LAW 972 OF 2005

(July 15)

Official Journal No. 45.970 of 15 July 2005

By which rules are adopted to improve the attention of the Colombian State of the population suffering from ruinous or catastrophic diseases, especially HIV/AIDS.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Declare of national interest and priority for the Republic of Colombia, comprehensive state attention to the fight against HIV-Human Immunodeficiency Virus-and AIDS -XX_ENCODE_CASE_CAPS_LOCK_On immunodeficiency syndrome Acquired-.

The State and the General System of Social Security in Health will guarantee the supply of medicines, reagents and medical devices authorized for the diagnosis and treatment of ruinous or catastrophic diseases, according to the competencies and the rules to be met by each of them.

PARAGRAFO 1o. The first day (1o) of December of each year is institutionalized in Colombia as the National Day of Response to HIV and AIDS, in coordination with the international community represents in the Organization of the United Nations, UN, and the World Health Organization, WHO.

PARAGRAFO 2o. In addition to the regular programs developed by the government, on this date, the Ministry of Social Protection will coordinate all actions that reinforce preventive messages and campaigns. promotion of health, in accordance with the motto or theme proposed at the global level by the Joint United Nations Programme for AIDS, Onusida, and will promote, on a permanent basis, and as part of its campaigns, the access of people and not affiliated to the General System of Social Security in Health, to the diagnosis of the infection by HIV/AIDS in accordance with the necessary competencies and resources of the territorial entities and the different actors of the General System of Social Security in Health.

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ARTICLE 2o. The content of this law and the provisions that supplement or add to it shall be interpreted and executed with the respect and guarantees of the right to life present and in no case the dignity of the person can be affected; to produce any effect of marginalization or segregation, to injure the fundamental rights to the privacy and privacy of the patient, the right to work, to the family, to the study and to lead a dignified life and Considering the medical-patient relationship in any case.

The criterion will be preserved that the fundamental task of health authorities will be to achieve the treatment and rehabilitation of the patient and prevent the spread of the disease.

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ARTICLE 3o. The entities that make up the General System of Social Security in Health, in terms of their competencies, under no pretext will be able to deny the required laboratory, medical or hospital care, as approved by the National Council for Social Security in Health, to a patient infected with HIV/AIDS or who has any disease of those considered to be ruinous or catastrophic.

The insured patient will be compulsorily cared for by the EPS. If the latter loses his or her affiliation for reasons relating to prolonged incapacity, his or her treatment cannot be suspended and the EPS in that case shall be recovered from the ECAT sub-account of the Fosyga according to the regulations issued for the purpose.

Uninsured patient without payment capacity will be cared for by the respective territorial entity from resources coming from the offer in accordance with the regulations that for the effect is issued.

PARAGRAFO. The violation of the provisions of this law, by EPS/IPS, public or private, without prejudice to the civil and criminal actions arising, will generate penalty equivalent to fine, the first time, by Two hundred legal minimum monthly salaries in force and, the recidivism, a fine equivalent to a thousand monthly minimum legal salaries in force.

The investigations, fines and penalties provided here will be in charge of the Superintendence of Health or who will do its times, which may delegate to the departmental and District Health Secretariats, which will act in accordance with the (a) the Court of Judgment of the Court of the European Court of 7 July 1997, in which the Court held that the Court of The non-payment of the fines shall be payable by coactive recovery, constituting the penalty resolution, duly executed, in executive title. The money proceeds from fines will go to the Fund of Solidarity and Guarantees Sub-account, ECAT.

Vigency Notes
Effective Case-law
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ARTICLE 4. The National Government through the Ministry of Social Protection, will design in a term not greater than six (6) months from the enactment of this law, clear and precise strategies conducive to lowering the costs of drugs, reagents and medical devices used in high cost diseases, particularly HIV/AIDS, whose actions will be immediately applicable.

PARAGRAFO. From the time of this law, the National Government will be able to make use of the mechanisms that the regulations assign to it in order to guarantee the access of the population to the drugs that are object of some kind of protection.

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ARTICLE 5o. Under development of the previous article, and in order to reduce the cost of drugs, diagnostic and follow-up reagents and medical devices for use in diseases considered ruinous or In particular, the Ministry of Social Protection is empowered to set up a centralized system for negotiating prices and purchases, which will enable the country and the country to achieve a centralized system for the negotiation of for the SGSSS substantial reductions in the costs of these pathologies and have a better control over the quality and pharmacovigilance of the products purchased.

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ARTICLE 6o. The authorities responsible for the application of this law shall be the Ministry of Social Protection and the departmental, district and municipal health departments within the framework of the powers laid down in Law 715 of 2001, Decree 1543 of 1997 and of the other rules which regulate, amend, add or replace.

Under the direction, supervision and control of the Ministry of Social Protection and for the purposes of this law, the public and private entities that make up the General System of Social Security in Health shall act.

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ARTICLE 7o. VALIDITY. This law governs from its sanction and publication.

The President of the honorable Senate of the Republic,

Luis Humberto Gomez Gallo.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the honorable House of Representatives,

Zulema del Carmen Jattin Corrales.

The Secretary General of the honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on July 15, 2005.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

Alberto Carrasquilla Barrera.

The Minister of Social Protection,

Diego Palacio Betancourt.

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