Key Benefits:
1122 OF 2007
(January 9)
Official Journal No. 46.506 of 9 January 2007
CONGRESS OF THE REPUBLIC
By which some modifications are made to the General System of Social Security in Health and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. OBJECT. This law aims to make adjustments to the General System of Social Security in Health, taking as a priority the improvement in the provision of services to users. To this end, reforms are being made in the areas of direction, universalization, financing, balance between system actors, rationalization, and improvement in the provision of health services, strengthening of health programs public and the functions of inspection, surveillance and control and the organisation and operation of networks for the provision of health services.
OF DIRECTION AND REGULATION.
ARTICLE 2o. RESULTS EVALUATION. The Ministry of Social Protection, as the governing body of the system, shall establish within six months of the entry into force of this law the mechanisms that permit evaluation through indicators of management and results in health and well-being of all actors operating in the General System of Social Security in Health. The Ministry, as a result of this evaluation, will be able to define stimuli or demand, among others, the signing of a compliance agreement, and if this is the case, it will ask the National Superintendency of Health to suspend the administration in a precautionary manner. of the public resources, for up to one year of the respective entity. When municipal entities do not comply with the indicators that this article deals with, the departments will assume their administration during the precautionary time that is defined. In the case of departments or other entities in the health sector, those who do not comply with the indicators, the precautionary administration shall be the responsibility of the Ministry of Social Protection or the Ministry of Social Protection. If there is recidivism, prior to the report of the Ministry of Social Protection, the National Health Superintendence will evaluate and be able to impose the sanctions established in the law.
With regard to State Social Enterprises, the indicators will take into account the social profitability, the conditions of care and hospitalization, coverage, application of international standards on hiring professionals in the areas of health for patient care, levels of expertise, job stability of their servers and compliance with work standards.
ARTICLE 3o. HEALTH REGULATION COMMISSION: CREATION AND NATURE Create the Commission on Health Regulation (CRES) as a special administrative unit, with legal status, administrative autonomy, technical and heritage, attached to the Ministry of Social Protection.
The National Council for Health Social Security will maintain its functions established in the Act 100 of 1993, while the Commission on Health Regulation, CRES, does not become operational.
PARAGRAFO. 145 of Act 1438 of 2011 >
ARTICLE 4. COMPOSITION. The Health Regulation Commission will be integrated as follows:
1. The Minister of Social Protection, who presides over it, may exceptionally delegate only to one of its Vice-Ministers.
2. The Minister of Finance and Public Credit who, exceptionally, will be able to delegate only to one of his deputy ministers.
3. Five expert commissioners, appointed by the President of the Republic, from third parties sent by different entities such as: Colombian Association of Universities, Health Research Centers, Research Centers in the Economy of the Health, Associations of Health Professionals and Associations of duly organized Users. The National Government will regulate the matter.
PARAGRAFO. The ternas will be drawn up by the previous organizations, from a list of eligible individuals formed by public merit contest for all professions that include background checks work, examination of knowledge about the General System of Social Security in Health, according to your experience and interview as the regulations point out.
ARTICLE 5o. EXPERT COMMISSIONERS. The expert commissioners of the Health Regulation Commission will be dedicated exclusively.
The previous commissioners will exercise for individual periods of three (3) years, reeligible for one time and will not be subject to the provisions governing the administrative career.
PARAGRAFO 1o. The commissioners will be subject to the following system of inabilities and incompatibilities:
The commissioners may not have direct or through third parties any contractual or commercial ties with health-promoting entities, health service providers and distributors or wholesalers of medicinal products or hospital inputs.
Those persons whose permanent spouse or partner (a), or their relatives in the third degree of consanguinity, second degree of affinity or first civil, are legal representatives, board members or shareholders or shareholders may not be commissioned. owners of health-promoting entities, health service providers, pharmaceutical companies or distributors of medicinal products or hospital supplies.
PARAGRAFO 2o. Experts must be a minimum professional with a master's degree or their equivalent, each of them must credit experience in their respective area not less than 10 years.
TRANSIENT PARAGRAPH. The expert commissioners and selected in the first integration of the CRES, will have the following periods: a Commissioner will have a period of one (1) year, two of two (2) years and two of three (3) years. At the expiration of the period of each of these experts, the President of the Republic shall designate the respective replacement, based on the criteria stipulated in the previous article, for ordinary periods of three (3) years.
ARTICLE 6o. TECHNICAL SECRETARIAT. The Commission on Health Regulation will have a technical secretariat, which will support the technical studies that support the decisions of this body. The Technical Secretary shall be appointed by the Chair of the Health Regulation Commission.
ARTICLE 7o. FUNTIONS. The Health Regulation Commission will perform the following functions:
1. To define and modify the Mandatory Health Plans (POS) that the Health Promoter Entities (EPS) will guarantee to the affiliates according to the rules of the Contributory And Subsidized Regimes.
2. Define and review, at least once a year, the list of essential and generic drugs that will be part of the Benefit Plans.
3. Define the value of the Payment Unit per Capitation of each Regime, in accordance with this law. If at 31 December of each year the Commission has not approved an increase in the value of the UPC, this value shall be automatically increased in the case of inflation.
4. Define the value per beneficiary of the partial health benefits, their benefits and the mechanisms to make the subsidy effective.
5. Define the criteria for setting the moderating payments that the item 3 of item 160 treats and items 164 and 187 of the 100 Act of 1993.
6. To define the arrangements to be applied by the EPS for the recognition and payment of disabilities arising from general sickness or maternity leave, in accordance with the rules of the contributory scheme.
7. Establish and update a fee system that must contain among other components, a minimum rate manual that will be reviewed every year, including professional fees. If it is not revised, it will be indexed with inflation caused.
8. Submit to the Senate and House Committee, an annual report on the evolution of the General System of Social Security in Health and recommendations to improve it.
9. Recommend bills or regulatory decrees when their judgment is required in the field of health.
10. Adopt its own rules of procedure.
11. The others that are assigned to you by law.
PARAGRAFO 1o. The value of the shared payments and the UPC will be reviewed at least once a year, before starting the next tax term, and the new value will be determined based on technical studies prior.
PARAGRAFO 2o. In exceptional cases, motivated by health emergency situations that may affect public health, the Ministry of Social Protection will temporarily assume the functions of the Commission of Regulation on Health.
PARAGRAFO 3o. The decisions of the Health Regulation Commission regarding the contributory regime should consult the financial balance of the system, according to medium and long sustainability projections. In any case, they will be compatible with the Medium Term Fiscal Framework.
ARTICLE 8o. FINANCING THE COMMISSION OF HEALTH REGULATION. The Commission on Health Regulation will be financed with Fosyga resources including the remuneration of the Commissioners, the Technical Secretariat and the costs of the necessary technical studies. Such studies shall be defined and contracted by the Commission.
OF THE FINANCIAL.
ARTICLE 9o. FINANCING. The General System of Social Security in Health will reach in the next three years, the universal insurance coverage in the levels I, II and III of the Sisben of the people who meet the requirements for the affiliation to the System.
In compliance with the provisions of Article 48 of the Political Constitution, the National Government will have to budget the entire collection of the solidarity and ECAT sub-accounts. For no reason, the value budgeted can be lower than the value collected by these sub-accounts in the previous term, plus inflation. The resources of the UPC may not be used for the payment of pensions by the Health Promoters (EPS).
ARTICLE 10. Modify paragraph 1or of article 204 of Act 100 of 1993, which will remain so:
Article 204. Monto and distribution of quotes. The contribution to the Health Contributory Scheme will be, from the first (1o) of January 2007, of 12.5% of the income or basic contribution salary, which may not be less than the minimum wage. The employer's contribution shall be 8.5% and shall be borne by the employee of 4%. One point five (1.5) of the levy will be transferred to the Fosyga Solidarity sub-account to contribute to the financing of the beneficiaries of the subsidised scheme. The contributions which the special schemes for health today have for health will be increased by zero point five per cent (0.5%), by the employer, which will be allocated to the solidarity sub-account to complete one point five to which refers to this Article. The zero point five percent (0.5%) additional partly replaces the increase in the pension point approved in the 2003 Law 797 , which will only be increased by the National Government at zero point five percent. percent (0.5%).
ARTICLE 11. Modify the article 214 of Law 100, which will remain so:
Article 214. Subsidized Regime Resources. The subsidized regime will be funded by the following resources:
1. Of the territorial entities.
a) The resources of the General System of Health Participations, SGP.S, which will be used before the Conpes concept, and in a progressive way to the Subsidized Health System: In the year 2007, 56%, in the year 2008 61% and from the year 2009 the 65%, percentage which cannot be exceeded. The remaining percentage will be allocated, according to the regulations issued by the National Government to finance the care of the poor, the activities not covered by the subsidy to the demand and the actions in health public;
b) The resources obtained as a product of the monopoly of games of luck and chance and the resources transferred by ETESA to the territorial entities, which are not assigned by law to pensions, functioning and investigation. These resources shall be accounted for as territorial own effort;
c) Without prejudice to the provisions of the first paragraph of Article 60 of Law 715 of 2001, from the year 2009, of the total amount of the revenues transferred to the health of the departments and the District Capital, at least 25% shall be allocated to the financing of the subsidized scheme or the percentage that is allocated to the entry into force of this law, if the latter is greater. These resources will be counted as territorial efforts. For the years 2007 and 2008, the amount of the revenue resources allocated to the subsidized regime in force 2006 will be maintained in constant pesos;
(d) Other own resources of the territorial entities that they are currently allocating or that may be used in the future to finance the subsidized regime;
e) Own resources and other resources assigned by the territorial entities to the subsidized regime, different from those to be used by law, must be permanently guaranteed.
2. From the Solidarity and Guarantee Fund, Fosyga.
(a) One point five of the contribution of the contributory scheme and the special and exceptional schemes;
b) The National Government will contribute an amount of at least equal in constant pesos plus an additional annual point to the budget approved in 2007, the amount of which was two hundred and eighty-six thousand nine hundred and fifty-three years. millions of pesos ($286,953,000,000.00). In any case, the National Government shall guarantee the necessary resources for the process of universalizing the population of Sisben I, II and III in the terms laid down in this Law;
c) The amount of family compensation boxes that is dealt with in Article 217 of Act 100 of 1993.
3. Others.
a) The resources that for this purpose are contributed by guilds, associations and other organizations;
b) The financial returns produced by the various sources that finance the subsidized regime;
c) 15% of the additional resources that the municipalities, districts and departments receive from 2007, such as participation and transfers by way of income tax on the production of the companies of the oil industry in the area of Cupiagua and Cusiana;
d) The resources to be provided by affiliates who are entitled to partial allowance and who wish to qualify for the full benefit or the POS of the contributory scheme.
PARAGRAFO. The resources of the subsidized health system transferred by the General System of Participations and the Fond or Solidarity and Guarantee will be distributed within the municipalities and districts with equity criteria territorial. In any case, the continuity of the insurance of those who have acquired it will be guaranteed, as long as they meet the requirements to be in the subsidized regime.
ARTICLE 12. PAYMENT OF DEBTS TO THE SUBSIDIZED REGIME. Authorize the municipalities and departments to allocate, for one time, uncommitted resources, from the Petroleum Savings and Stabilization Fund (FAEP) and the National Royalty Fund, for the payment of the debts with the subsidized health system in force at 31 December 2004, which have been registered in the financial statements of the ARS to December 2005. If the ARS (as of this EPS law of the subsidized regime) with which these accounts are held due to the network of providers, the FAEP and the National Royalty Fund, they will make the direct turn to the institutions of health services of the public network, subject to revision of the accounts pending with the subsidised scheme.
ARTICLE 13. FLOW AND PROTECTION OF RESOURCES. The actors responsible for the administration, flow and protection of resources shall be subject to the following rules:
(a) The expenditure of the resources of the solidarity sub-account of the Fosyga will be programmed annually for a value not less than the collection of the previous year increased by the inflation caused and will be rotated, to the territorial entities by trimester prior to the application of the contracts, the accreditation of master accounts and the sending and crossing of the data base of the members, without any other requirements being required. The timely non-compliance of these turns will generate the corresponding sanctions by the National Health Superintendence according to the law. The Ministry of Finance and Public Credit will rotate in advance the resources that the National Budget will correspond to the Fosyga;
b) All health resources will be managed in the territorial entities through local, district and departmental health funds in a special chapter, maintaining an independent and exclusive accounting and budgetary management, which to accurately identify the source and destination of the resources of each source. The management of the resources will be done in three master accounts, with a box unit inside each of them. These accounts will correspond to the collection and spending on collective public health, subsidized health care and the provision of health services in the area not covered by demand subsidies, with the exceptions of some items that are in public health. The Ministry of Social Protection is a member of the Ministry of Social Protection.
Master accounts must be opened with financial institutions that guarantee the payment of interest at acceptable commercial rates, failure to comply with the above will result in the penalties provided for in Article 2or of this law. The Ministry of Social Protection shall regulate the matter within three months of the validity of this law;
c) 145 of Law 1438 of 2011 >
d) The EPS Promoter Entities of both regimes<1 >, will pay the services to the Health Service Providers enabled, in advance month by 100% if the contracts are by capitulation. If they are in another mode, as payment per event, prospective global or diagnostic group will be made at least an advance payment of 50% of the value of the invoice, within five days after its presentation. In the event of no objection or glose, the balance shall be paid within thirty days (30) following the presentation of the invoice, provided that it has received the resources of the territorial entity in the case of the subsidized regime. Otherwise, it will pay within fifteen (15) days after receipt of the payment. The Ministry of Social Protection will regulate the use of capitation, form and time of presentation, receipt, referral and review of invoices, glosas and response to glosas and payments and interest of arrears, assuring those invoices that present glosas are cancelled within 60 days after the invoice is presented;
(e) Municipalities and districts shall allocate up to 0,4% of the resources of the subsidised scheme to finance the services of the financial controller of the scheme. The financial controller may only be contracted with previously qualified entities of the Capital District, through merit contests, in accordance with the regulations issued by the Ministry of Social Protection.
Additionally, municipalities and districts will allocate 0.2% of the resources of the subsidized regime to the National Health Superintendency to carry out inspection, surveillance, and control in the territorial entities. The collection referred to in this paragraph shall be regulated by the National Government within three (3) months of the entry into force of this law;
f) The Health Promoter Entities of the Subsidized Regime<1 >, will handle the resources in separate master accounts for the collection and expense in the form that the Ministry of Protection Social. Their returns must be invested in the Mandatory Health Plans.
PARAGRAFO 1o. The National Government will take all necessary measures to ensure the smooth and effective flow of the System's resources, using the necessary, direct turn and sanction to those actors who do not accelerate the flow of resources.
PARAGRAFO 2o. The spins corresponding to the General System of Health Participations, destined to the financing of the General System of Social Security in Health, will be able to be carried out directly to the actors of the System, in cases where one of the actors does not turn in a timely manner. This turn will take place in the form and opportunity that the regulation will point out that for the effect the National Government will issue. The mechanisms of sanction and timely change of resources must also be applied to the EPS that the contributory regime handles.
PARAGRAFO 3o. The National Government, within six months of the entry into force of this law, will establish mechanisms that seek to eliminate evasion and avoidance in the General System of Social Security in Health.
PARAGRAFO 4o. The Ministry of Social Protection shall exercise the functions of the Board of Directors of Fosyga.
PARAGRAFO 5o. When the Territorial Authorities or the Promoter Entities of Health, EPS or ARS do not pay within the time limits set forth in this law to the Institutions of Services, they will be obliged to recognize default interest at the current statutory rate governing financial obligations.
PARAGRAFO 6o. When the IPS does not pay the professionals who provide the services in a timely manner, they will be obliged to recognize delinquent interests at the current legal rate governing the financial obligations, an agreement with the regulations issued by the Ministry of Social Protection within six months after the entry into force of this law.
OF THE ASSURANCE.
ARTICLE 14. ORGANIZATION OF INSURANCE. For the purposes of this law, it should be understood by health insurance, the administration of financial risk, the management of the health risk, the articulation of the services that guarantee effective access, the guarantee of the quality in the provision of health services and the representation of the affiliate with the provider and other actors without prejudice to the autonomy of the user. This requires the insurer to assume the risk transferred by the user and comply with the obligations established in the Mandatory Health Plans.
The Health Promoters in each regime are responsible for complying with the indomitable functions of the insurance. The entities that the current law administers the subsidized regime will be referred to as the "Promotoras de Salud del Régime Subsidiado (EPS)". They will comply with the enabling and other requirements that the regulation points out.
From the validity of this law the System will have the following additional rules for its operation:
(a) They will benefit from full or full subsidy in the Subsidized Scheme, poor and vulnerable persons classified at levels I and II of the Sisben or the instrument replacing it, provided they are not in the contributory scheme or are required to be in the or other special and exception regimes.
They will retain the subsidies that will have partial subsidies for the duration of this law and are classified in the I and II levels of the Sisben and the special populations that the National Government defines as priorities.
Membership of persons who lose the quality of the contributors or beneficiaries of the contributory scheme and who belong to the levels I and II of the Sisben will be promoted;
(b) The extension of coverage with partial subsidies at the municipal level will be achieved once a 90% coverage has been achieved to the subsidized level I and II of the Sisben and will apply only to persons classified in the level III of the Sisben. Priority shall be given to those who have lost their affiliation to the contributory scheme, in accordance with the rules laid down by the Ministry of Social Protection;
c) The beneficiaries of the level III of the Sisben who are affiliated with the Subsidized Scheme by means of total or partial subsidies at the time of the entry into force of this Law and who have received their subsidized meat according to the rules in force at the time of carriage, shall maintain their status as long as they comply with the requirements to be beneficiaries;
d) 145 of Law 1438 of 2011 >
e) The Health Regulation Commission will update the Mandatory Health Plan annually, seeking to progressively approach the contents of the plans of the two regimes with a tendency towards the one that is planned for the regime. contributory;
f) The total value of the UPC of the Subsidized Scheme will be delivered to the EPS of the subsidized regime. The activities of the subsidized POS included those of promotion and prevention will be implemented through the EPS of the subsidized regime.
The provision of services for the promotion and prevention services will be made through the public network contracted by the EPS of the Subsidized Regime of the respective municipality. When the ESCOs do not have the capacity to provide these promotion and prevention services or when the results agreed between EPS of the Subsidiary Regime and the ESCOs are not met, these services may be provided through other entities, prior to the authorisation of the Ministry of Social Protection or in whom it is delegated. The municipalities will agree with the EPS of the Subsidized Regime the mechanisms for health care and promotion and prevention to be carried out near the affiliate's residence, with agility and speed;
g) There will be no co-payments or moderating fees for the affiliated Health-subsidized Regime in the Sisben Level I or the instrument that replaces it;
h) There will be no minimum periods of quotation or periods of absence in excess of 26 weeks in the Contributory Scheme. Affiliates will be counted on the time of affiliation in the Subsidized Scheme or any EPS of the Contributory Scheme, for the purposes of the calculations of the periods of absence;
(i) Literally exequable CONDITION > The initial affiliation of the population of displaced persons and demobilized persons whose entire financing is in charge of the Fosyga will be made to a Public Health Promotion Entity of the national order, without prejudice to the preservation of the right to free choice in the following transfer period. The National Government shall regulate the affiliation of this population when that offer does not exist in the respective municipality;
j) 145 of Law 1438 of 2011 >
k) It is the responsibility of the insurers to implement health promotion and disease prevention programs that are framed within the priorities defined in the National Public Health Plan. The management and results of such programs shall be monitored through the assessment mechanisms referred to in Article 2or in this law;
(l) As it is a population that is geographically dispersed and in order to facilitate the operation of the population of the departments of Amazonas, Caqueta, Guaviare, Guainia, Putumayo, Vichada and Vaupes, the National Government define mechanisms to improve access to the health services of these communities and strengthen public assurance in such departments;
m) The country's recluse population will join the General System of Social Security in Health. The National Government will determine the mechanisms that allow for the operation of this population to adequately receive its services.
ARTICLE 15. REGULATION OF THE VERTICAL INTEGRATION OF PATRIMONIAL AND THE DOMINANT POSITION. The Health Promoter Companies (EPS) will not be able to contract, directly or through third parties, with their own IPS more than 30% of the value of the health expenditure. The EPS may distribute this expenditure in the proportions they consider relevant within the different levels of complexity of the services provided in the Mandatory Health Plan.
The National Government will regulate within six months of the validity of this law, the conditions of competition necessary to prevent the abuse of dominant position or conflicts of interest, of any of the actors of the health system.
Give yourself a transition period of one (1) year for those EPS that exceed 30% of what this article treats to fit this percentage.
PARAGRAFO. The EPS of the Contributive Regime will ensure the inclusion in their networks of Public Health Care Institutions.
ARTICLE 16. PROCUREMENT IN THE SUBSIDIZED REGIME AND PUBLIC EPS OF THE CONTRIBUTORY REGIME. The Health Promoter Entities of the subsidized regime will contract compulsory and effectively a minimum percentage of the health expenditure with the Social Enterprises of the State duly authorized in the municipality of residence of the affiliate, provided that there is a corresponding resolutive capacity there. This percentage shall be at least 60% (60%). This will be subject to compliance with requirements and indicators of quality and results, available supply, management indicators and competitive rates. The Public Health Promoters of the Contributive Regime must hire at least 60% of the health care expenditure with the ESL splits provided that there is a resolvable capacity and quality indicators are met and results, management indicators and competitive rates.
The Ministry of Social Protection will regulate this article in such a way as to permit the proper distribution of this percentage at different levels of complexity, taking into account the diversity of the different entities. Territorial.
PARAGRAFO. The low complexity services will be guaranteed permanently in the municipality of residence of the members, except when in the opinion of the members it is more favorable to receive them in a different municipality with better geographical accessibility.
PARAGRAFO 2o. 276 of Act 1450 of 2011 >
ARTICLE 17. SETTLEMENT OF CONTRACTS IN THE SUBSIDIZED REGIME. The governors and/or mayors will have a period of six (6) months from the date of this law, to liquidate by mutual agreement, in the company of the EPS of the Subsidized Regime, the contracts signed by the Territorial Entities as a result of the operation of the Subsidiary Scheme, and which have to be settled in each Territorial Entity.
ARTICLE 18. ASSURANCE OF INDEPENDENT SERVICE DELIVERY CONTRACTORS. 267 of Act 1753 of 2015 >
ARTICLE 19. HIGH COST INSURANCE. For high-cost care, health-promoting entities shall contract reinsurance or respond, directly or collectively, for such risk, in accordance with the rules on the issue the National Government.
ARTICLE 20. PROVISION OF HEALTH SERVICES TO THE POOR POPULATION IN THE AREA NOT COVERED BY DEMAND SUBSIDIES. The territorial entities shall contract with duly qualified Social Enterprises of the State, the care of the poor and the poor. not covered by demand subsidies. Where the offer of services does not exist or is insufficient in the municipality or in its area of influence, the territorial entity, after authorization from the Ministry of Social Protection or by whom it delegates, may contract with other institutions Health Services providers duly enabled.
PARAGRAFO. All Colombians are guaranteed initial emergency care in any IPS in the country. The EPS or the territorial entities responsible for the care of the poor population not covered by the demand subsidies, will not be able to deny the provision and payment of services to the IPS that are attended by their members, when they are caused by this type services, even without a contract. Failure to comply with this provision will be sanctioned by the National Health Superintendence with fines, for a single time or successive, up to 2,000 minimum monthly legal salaries in force (smlmv) for each fine, and in case of recidivism lead to the loss or cancellation of the institution's registration or certificate.
PARAGRAFO 2o. 276 of Act 1450 of 2011 >
ARTICLE 21. MOBILITY BETWEEN SCHEMES. With the aim of ensuring that the system remains in place, members of the subsidized scheme who enter the contributory scheme must inform the territorial entity that they will suspend their affiliation which will be maintained for one year, within which you will be able to reactivate it.
ARTICLE 22. THE CONTRIBUTION ALLOWANCE. Those persons who are entitled to the subsidized scheme but who have paid contributions to the contributory scheme two (2) years within the last four (4) years shall be given priority in any programme of subsidy to the (i) quote that as a development of this law, be implemented in the General System of Social Security in Health.
PARAGRAFO. The contribution subsidy, once defined by the Health Regulation Commission, will be maintained for at least one year to the beneficiaries of the same.
ARTICLE 23. OBLIGATIONS OF INSURERS TO ENSURE INTEGRALITY AND CONTINUITY IN THE PROVISION OF SERVICES. The Health Promoters (EPS) of the contributory and subsidized regime<1 > take care of the speed and frequency of the complexity of the pathologies of the users. Medical appointments should also be fixed with the speed required by an appropriate treatment by the EPS, in accordance with the principles of accessibility and corresponding quality.
The National Government shall regulate within six months of the issuance of this law, the limits of affiliation to the health-promoting entities, prior to technical study to be carried out in accordance with the technical capabilities, scientific and administrative of the same.
ARTICLE 24. AFFILIATION OF PUBLIC ENTITIES TO THE GENERAL SYSTEM OF PROFESSIONAL RISKS. As of the current law, all public entities in the national, departmental, district or municipal be able to contract directly with the The risk manager of the Social Insurance Institute, if not, must select its professional risk manager through a public tender, which will be compulsorily invited to at least one professional risk manager of a public nature. The provisions of this Article shall not apply to the derogating regimes provided for in Article 279 of Law 100 of 1993.
OF THE PROVISION OF HEALTH SERVICES.
ARTICLE 25. OF THE REGULATION IN THE PROVISION OF HEALTH SERVICES. In order to regulate the provision of health services, the Ministry of Social Protection shall define:
(a) The requirements and procedure for enabling new health service providers taking into account population, epidemiological, financial, socioeconomic and market conditions. Any new Health Services Institution will enable the health services it intends to provide to the Ministry of Social Protection prior to the start of activities. The Ministry may delegate the rating to territorial entities;
b) Define the necessary measures to avoid adverse selection and risk selection of users by the EPS and local authorities, in order to avoid the inequitable distribution of the costs of the care of the different types of risk;
c) The design of an IPS classification system, based on the indicators, that provides the required quality assurance system related to the Tarifario System, so that it encourages the IPS to ascend in their classification and to choose for better rates;
d) The mechanisms for the EPS, of the different regimes, to guarantee the members the possibility to choose between the different options of IPS existing in the network offered by the insurer in their area of influence, without prejudice to the provided for in this Act as a minimum percentage to be contracted with the public service provision network under the subsidised scheme.
PARAGRAFO 1o. The user who sees his or her right to a free choice of IPS or who has been affiliated with the promise of obtaining services on a particular network of providers and is not true, may change insurance regardless of the length of stay in the insurer. The voluntary transfer of a user may be made from one year of affiliation to that EPS according to regulations that the Ministry of Social Protection issues for such purposes. The National Health Superintendence may delegate to the territorial entities the authorization of these transfers. The insurer that incurs the causals mentioned in this article will be subject to the sanctions established in the Law by the National Superintendence of Health, except the limitations to the free choice derived from the percentage of mandatory procurement with the public network.
PARAGRAFO 2o. Authorize the Ministry of Social Protection to certify, prior to the full of the requirements, to the municipalities capital of departments, that at the entry into force of this law, they have not been certificates for the autonomous management of health resources.
PARAGRAFO 3o. The territorial-level health service will be provided through network integration, in accordance with existing regulations.
ARTICLE 26. THE PROVISION OF SERVICES BY PUBLIC INSTITUTIONS. The provision of health services by public institutions shall only be carried out through State Social Enterprises (ESAs) which may be constituted by one or several locations or units of health services. In any event, any public health service unit must be part of a State Social Enterprise, except the units for the provision of health services that are part of the industrial and commercial enterprises of the State. State and public entities whose object is not the provision of health services. In each municipality there shall be an ESE or a service provider unit of an ESE.
PARAGRAFO 1o. When under the market conditions of its area of influence, the ESE is not financially sustainable in terms of efficiency, the territorial entities will be able to transfer resources that they procure ensure the basic services required by the population under the conditions and requirements laid down in the Regulation.
PARAGRAFO 2o. The Nation and the territorial entities will promote Telemedicine services to contribute to the prevention of chronic diseases, training and the reduction of costs and improvement of quality and the opportunity to provide services such as diagnostic imaging. Special interest will have the departments of Amazonas, Casanare, Caqueta, Guaviare, Guainia, Vichada and Vaupes.
ARTICLE 27. REGULATION OF THE STATE ' S SOCIAL ENTERPRISES. The National Government shall regulate within six months of the validity of this law, the following aspects:
a) The requirements for the creation, transformation, categorization, organization, and operation of the State Social Enterprises, taking into account the following criteria: Population, population density, epidemiological profile, area of influence, geographical and cultural accessibility, services offered, degree of complexity, capacity installed, working capital, production, sustainability, design and participation of the State Social Enterprise (ESE) in the network of its area of influence;
b)
c) The conditions and requirements for the Nation and the territorial entities to transfer to the State Social Enterprises (ESE), resources when, under the conditions of the market, the ESE, in conditions of efficiency, are not sustainable;
d)
PARAGRAFO 1o.
PARAGRAFO 2o. The public health institutions that are currently operating and have current contracts will be able to continue their execution, and will have one year from the date of the validity of the This law is to be transformed into State Social Enterprises or to join one.
PARAGRAFO 3o. For being of a special category of decentralized public entity, the National Government will issue six months after the entry into force of this law, the regulation as referred to conformation of boards, appointment, assessment and removal of managers, salary regime, loan, cost systems, information, acquisition and purchase of the State Social Enterprises.
PARAGRAFO 4o. For new departments created by the 1991 Constitution in their article 309, which present special conditions, and the department of Caqueta, the Ministry of Social Protection shall regulate in the six months following the issuance of this law, the creation and operation of the Social Enterprises of the State, with the specialized services of medium and high complexity required, prioritizing Telemedicine services.
The Health Service Recruitment for the Social Enterprises of the State of these Departments will be carried out preferably with the public EPS of the subsidized regime, which will be strengthened institutionally.
ARTICLE 28. THE MANAGERS OF THE SOCIAL ENTERPRISES OF THE STATE. The Managers of the Social Enterprises of the State will be appointed for institutional periods of four (4) years, by means of merit contest that must be carried out within the three months, counted from the beginning of the period of the President of the Republic or of the Chief of the respective Territorial Entity, as the case may be. For the above, the Board of Directors will form a terna, prior to the selection process of which, the nominator, according to statutes, will have to appoint the respective Manager.
The State Social Business Managers may be re-elected once, when the Board of Directors so proposes to the nominee, as long as it complies with the assessment indicators as stated in the Regulation, or merit contest.
In case of absolute vacancy of the manager the same selection process must be advanced and the selected manager's period will culminate at the expiration of the institutional period. When the vacancy occurs less than twelve months after the end of the respective period, the President of the Republic or the head of the territorial administration to which the ESE belongs, shall appoint a manager.
TRANSIENT PARAGRAPH. The ESE Managers of the Departmental, District and Municipal levels whose three-year period ends on December 31 2006 or during the year 2007 will continue to serve until March 31, 2008.
The managers of the national ESE who are chosen by merit contest or re-elected until December 31, 2007, will finish their term on November 6, 2010. When changes of manager occur during this period, your appointment may not exceed 6 November 2010 and will be subject to compliance with regulations issued by the Ministry of Social Protection for the purpose.
For the case of the managers of the departmental, district or municipal governments that have been appointed by merit or re-elected to the current law, they will continue to exercise until the end of the period for which they were appointed or re-elected, who will replace them for the culmination of the four-year period determined in this law, shall be appointed by merit contest for a period ending on 31 March 2012. All departmental, district or municipal managers will start equal periods on April 1, 2012, and all national ESE managers will start equal periods on November 7, 2010.
ARTICLE 29. OF THE STATE SOCIAL ENTERPRISES ' LOAN LIABILITIES. In accordance with Article 242 of Law 100 of 1993, Articles 61, 62, 63 of Law 715 of 2001, the National Government through the Ministry of Finance and Public Credit and the departmental territorial entities shall sign the contracts of (a) concurrency and pay the borrowing liabilities for the purpose of the cessation, reserve for pensions and retirement, old age, invalidity and pension replacements, caused by State Social Enterprises at the end of 1993.
PARAGRAFO. Conceding time of one (1) year from the entry into force of this law for the Ministry of Finance and Public Credit and the departmental territorial entities to issue the pension bonds according to the concurrence between the National Government and the departmental territorial entity. Failure to comply with this Article shall be punishable as a serious misconduct.
ARTICLE 30. THE STRENGTHENING OF ASSOCIATIONS AND/OR COOPERATIVES. The National, departmental and municipal government will promote the creation and strengthening of associations and/or cooperatives of the ESE, which aim to strengthen the network hospital public.
These associations and/or cooperatives will provide services and/or may provide inputs, as long as they benefit entities with economies of scale, quality, opportunity, efficiency and transparency.
ARTICLE 31. PROHIBITION ON THE PROVISION OF HEALTH SERVICES. In no case can health care services be provided directly by the Territorial Authorities.
PUBLIC HEALTH.
ARTICLE 32. public health is constituted by the set of policies that seek to guarantee in an integrated way the health of the population by means of health actions directed both individually and collectively, The results of the study are based on indicators of the country's living, welfare and development conditions. Such actions shall be carried out under the State's rectory and shall promote the responsible participation of all sectors of the community.
ARTICLE 33. NATIONAL PUBLIC HEALTH PLAN. The National Government will define the National Public Health Plan for each four-year period, which will be expressed in the respective National Development Plan. Its objective will be the attention and prevention of the main health risk factors and the promotion of healthy living conditions and styles, strengthening the capacity of the community and the different territorial levels to act. This plan must include:
a) 11 of Law 1414 of 2010. The new text is the following: > The epidemiological profile, identification of the protective risk factors and determinants, the incidence and prevalence of the main diseases that define the priorities in public health. For this purpose, the research carried out by the Ministry of Social Protection and any public or private entity in the field of vaccination, sexual and reproductive health, mental health with emphasis on violence will be taken into account. family, drug addiction, suicide, and the prevalence of epilepsy in Colombia.
PARAGRAFO. The Ministry of Social Protection will be able to coordinate with the support and technical assistance of the International League Against Epilepsy (ILAE), the Colombian League Against Epilepsy, the Rehabilitation Foundation People with Epilepsy (FIRE), the National Academy of Medicine, the Associations of Neurology, Neurosurgery and Neuropediatry, studies of the prevalence of epilepsy in Colombia, to be able to have clear reasons for the investment, the research and the prevention of Epilepsy.
b) Activities that seek to promote the change of healthy lifestyles and the integration of healthy lifestyles at different levels of education;
c) Actions that, according to their competencies, must be performed at the national level, the territorial levels and the insurers;
d) The public health financial and budgetary plan, defined in each of the actors responsible for the General System of Social Security in Health, including the territorial entities, and the EPS;
e) The mandatory minimum coverage in health services and interventions, the goals in preventable morbidity and mortality, which must be achieved and reported with zero tolerance, which will be fixed for each year and for each period of four years;
(f) The goals and responsibilities in public health surveillance and the actions of inspection, surveillance and control of risk factors for human health;
g) Public health priorities to be covered in the Mandatory Health Plan and the goals to be achieved by the EPS, to promote health and to control or minimize the risks of getting sick or dying;
[h] The collective activities that the Nation and the territorial entities are in charge of with resources to do so must complement the actions provided for in the Mandatory Health Plan. The Public Health Plan for collective interventions will replace the Basic Care Plan;
i) Models of care, such as family and community health, primary care and home care;
j) The national immunizations plan to structure and integrate the specific protection scheme for the Colombian population, in particular the biological ones to be included and to be reviewed every four years with the advice of the National Institute of Health and the National Committee on Immunization Practices;
k) The plan should include actions aimed at promoting mental health, and the treatment of disorders of higher prevalence, the prevention of violence, abuse, drug addiction and suicide;
l) The Plan will include actions aimed at promoting sexual and reproductive health, as well as measures aimed at responding to the behavior of maternal mortality indicators.
PARAGRAFO 1o. The State will ensure that television programs in the child's strip include in a mandatory manner the promotion of healthy habits and behaviors.
PARAGRAFO 2o. The Health Promoters (EPS) and the territorial entities will submit an annual operational plan of action, whose goals will be evaluated by the Ministry of Social Protection, according to the with the regulation to be issued for that purpose. The people who manage the resources must have sufficient professional training to do so.
PARAGRAFO 3o. The Ministry of Social Protection will define the care protocols that respond to the priorities defined in literal (a) of this article. The Ministry will define the protocols for care, remission and treatment of emergency services for the most prevalent mental disorders.
PARAGRAFO 4o. The National Institute of Health will be technically strengthened to comply with the functions described in Decree 272 of 2004 as follows:
a) Define and implement the operational model of the System of Surveillance and Control in Public Health in the General System of Social Security in Health;
b) Carry out studies and research that support the Ministry of Social Protection for decision making for the National Health Plan.
ARTICLE 34. SUPERVISION IN SOME AREAS OF PUBLIC HEALTH. Corresponds to the National Institute of Drug and Food Surveillance, Invima, as national health authority, in addition to those laid out in other legal provisions, the following:
(a) The assessment of risk factors and the issue of health measures related to food and raw materials for the manufacture of food;
b) Competition exclusive of inspection, surveillance and control of food production and processing, animal benefit plants, milk collection centers and milk processing plants and their derivatives as well as the transport associated with these activities;
(c) Competition exclusive of inspection, surveillance and control on the safety of the import and export of food and raw materials for the production thereof, in ports, airports and border crossings, without prejudice to the competencies that the Colombian Agricultural Institute, ICA, is responsible for. It corresponds to the departments, districts and the municipalities of categories 1st 2nd, 3rd and special, the surveillance and sanitary control of the distribution and marketing of food and of the gastronomic establishments, as well as, of the transport associated with those activities. Except for the present literal to the archipelago department of San Andrés, Providencia and Santa Catalina for having special arrangements;
(d) The guarantee by means of a drug signalling technology, its identification in any part of the distribution chain, from the production to the final consumer with the aim of avoiding falsification, adulteration, expiration and smuggling. Territorial entities shall require both distributors and producers that all medicinal products placed on the market in their jurisdiction comply with these requirements.
Retail pharmaceutical establishments shall comply with the following definitions:
Pharmacy-Drogueria: It is the pharmaceutical establishment dedicated to the preparation of master preparations and the sale to the detal of allopathic, homeopathic, phytotherapeutic, medical devices, dietary supplements, cosmetics, toiletries, hygiene products and products which do not produce contamination or put the health of users at risk. These products must be located in separate and separate shelving. Regarding the reception and storage, dispensing, transportation and marketing of medicines and medical devices, they will be subject to the current regulations, in this field.
Drogueria: It is the pharmaceutical establishment dedicated to the sale of the products listed and with the same requirements as for Farmace-Drogueria, with the exception of the preparation of masterful preparations.
PARAGRAFO. The Invima, you can delegate some of these functions by common agreement with the territorial entities.
INSPECTION, SURVEILLANCE, AND CONTROL
ARTICLE 35. DEFINITIONS. For the purposes of this Chapter of the Law, the following definitions are adopted:
A. Inspection: The inspection is the set of activities and actions aimed at monitoring, monitoring and evaluating the General System of Social Security in Health and which serve to request, confirm and analyze in a timely manner the information that the situation of the health services and their resources is required, on the legal, financial, technical-scientific, administrative and economic situation of the entities subjected to surveillance of the National Superintendence of Health within the scope of their competence.
They are inspection functions among other visits, review of documents, follow-up of requests of general interest or particular and the practice of administrative investigations.
B. Surveillance: The surveillance consists in the attribution of the National Health Superintendence to warn, prevent, orient, assist and to promote because the entities entrusted with the financing, insurance, delivery of the health service, Attention to the user, social participation and other subjects of surveillance of the National Health Superintendence, comply with the norms that regulate the General System of Social Security in Health for the development of this.
C. Control: The control consists in the attribution of the National Health Superintendence to order the corrective actions to overcome the critical or irregular situation (legal, financial, economic, technical, scientific-administrative) of any of its surveilled and sanction the actions that depart from the legal order either by action or by omission.
ARTICLE 36. INSPECTION, SURVEILLANCE AND CONTROL SYSTEM. Create the System of Inspection, Surveillance and Control of the General System of Social Security in Health as a set of rules, agents, and processes articulated to each other, which will be in the head of the National Superintendency of Health in accordance with its constitutional and legal competences, without prejudice to the faculties assigned to the National Institute of Health and the Invima.
ARTICLE 37. AXIS OF THE SYSTEM OF INSPECTION, SURVEILLANCE AND CONTROL OF THE NATIONAL HEALTH SUPERINTENDENCE. To comply with the functions of inspection, surveillance and control the National Health Superintendence will exercise its functions based on the following axes:
1. Financing. Your objective is to monitor for efficiency, effectiveness and effectiveness in the generation, flow, administration and application of health sector resources.
2. Assurance. Your objective is to monitor compliance with the rights derived from the affiliation or linkage of the population to a health benefits plan.
3. Provision of public health care services. Its objective is to ensure that the provision of care services in individual and collective health is made in conditions of availability, accessibility, acceptability and quality standards, in the phases of promotion, prevention, diagnosis, treatment and rehabilitation.
4. User attention and social participation. Its objective is to guarantee the fulfillment of the rights of the users in the General System of Social Security in Health, as well as the duties on the part of the different actors of the General System of Social Security in Health; promote and develop mechanisms for citizen participation and protection for the health service user.
5. Axis of actions and special measures. 124 of Law 1438 of 2011. The new text is as follows: > Its objective is to advance the processes of administrative forced intervention to manage or to liquidate the supervised entities that fulfill the functions of the Health Promoter Entities, Institutions of Health of any nature and profitable monopolies transferred to the health sector not assigned to another entity, as well as to intervene technically and administratively the territorial addresses of health. In the case of voluntary settlements, the National Health Superintendence will exercise inspection, surveillance and control over the rights of the members and the resources of the health sector. In cases where the National Health Superintendence revokes the certificate of authorization or functioning that it grants to the Health Promoter Entities or Health Care Institutions, it must decide on its liquidation.
6. Information. Monitor that System actors guarantee the production of data with quality, coverage, relevance, opportunity, fluidity and transparency.
7. Focusing on health subsidies. Monitor that the criteria for the identification, identification and selection of beneficiaries and the application of social health expenditure by territorial entities are met.
ARTICLE 38. RECONCILIATION TO THE NATIONAL HEALTH SUPERINTENDENCE. The National Health Superintendence may act as a conciliator, ex officio or at the request of a party, in the conflicts that arise between its surveilled and/or between these and the users generated in problems that do not allow them to meet their obligations within the General System of Social Security in Health, affecting the effective access of the users to the health service. The conciliatory agreements shall have the effect of res judicata and the act which contains it, where the obligations under each of them must be clearly specified, shall be of executive merit.
PARAGRAFO. In the process of the matters submitted to conciliation, the National Health Superintendence will apply the general rules of the reconciliation provided for in Law 640 of 2001.
ARTICLE 39. OBJECTIVES OF THE NATIONAL HEALTH SUPERINTENDENCE. The National Superintendence of Health, in exercise of its powers of inspection, surveillance and control, shall develop, in addition to those mentioned in other provisions, the following: objectives:
a) Set the policies of Inspection, Surveillance and Control of the General System of Social Security in Health;
b) Require observance of the principles and foundations of the essential public health service in Health;
c) To monitor compliance with the rules that regulate the General System of Social Security in Health and to promote the integral improvement of the system;
d) Protect the rights of users, in particular, their right to insurance and access to health care, individual and collective, in conditions of availability, accessibility, acceptability and quality standards in the stages of health promotion, prevention, treatment and rehabilitation;
e) Vellar because the provision of health services is carried out without any pressure or conditioning against medical professionals and health care institutions;
f) Vellar for efficiency in the generation, collection, flow, management, custody and application of resources to the provision of health services;
g) Avoid the abuse of the dominant position within the actors of the General System of Social Security in Health;
h) Promote citizen participation and establish accountability mechanisms for the community, to be carried out at least once a year, by the actors of the System.
ARTICLE 40. FUNCTIONS AND FACULTIES OF THE NATIONAL HEALTH SUPERINTENDENCE. The National Superintendence of Health, in addition to the functions and faculties already established in other provisions, will comply with the System of Inspection, Surveillance and Control, following:
a) Advance inspection, surveillance and control functions to the Solidarity and Guarantee Fund, Fosyga, and other system actors, including special and excepted regimes as provided for in the Act 100 1993;
(b) Inspect, monitor and control that the Territorial Health Directorates comply fully with the functions indicated by law, in accordance with the principles governing the actions of State officials, and impose sanctions on there is a place. By virtue of the same power by means of a reasoned decision, either on its own initiative or at the request of a party, it will be able to endorse the knowledge of those matters that are dealt with in the territorial health entities, when the violation of these matters is evident. principles;
(c) Subject to the rules contained in the Administrative Code, it shall indicate the procedures applicable to the surveillance of the National Health Superintendence in respect of the administrative investigations that it has to to survive, respecting due process rights, defense, or contradiction and double-instance;
d) Introduce mechanisms of self-regulation and alternative conflict resolution in the General System of Social Security in Health;
(e) to exercise the preferential jurisdiction of inspection, surveillance and control vis-à-vis its surveilled, in whose development it may initiate, pursue or forward any investigation or judgment of competence of the other bodies carrying out inspection, surveillance and control within the General System of Social Security in Health, guaranteeing the exercise of professional ethics, the appropriate patient medical relationship and the respect of the actors of the system for the dignity of the patients and the health professionals;
f) Punish in the field of their competence and report to the competent authorities any irregularities that may be committed in the General System of Health Social Security;
G) Monitor, inspect and control that the criteria for the identification, identification and selection of beneficiaries and implementation of social health expenditure by the Territorial Entities are met;
(h) To monitor the adoption and implementation by the insurance institutions of the General System of Social Security in Health within a term of no more than six (6) months, a Code of Conduct and a good government which provides for the provision of the services to his or her office and ensure the fulfilment of the purposes of this law;
i) Authorize the constitution and/or enable and issue the certificate of operation of the Health Promotional Entities of the Contributed and Subsidiary Regime<1 >;
(j) Other than in accordance with legal provisions are required for the fulfilment of their objectives.
PARAGRAFO. For compliance with its inspection and surveillance function, the National Health Superintendence may contract the performance of programs or special tasks with audit firms.
ARTICLE 41. JUDICIAL FUNCTION OF THE NATIONAL HEALTH SUPERINTENDENCE. In order to ensure the effective provision of the right to health of the users of the General System of Social Security in Health and in the exercise of the article 116 of the Political Constitution, the National Health Superintendence may know and rule in law, with final character and with the powers of a judge, in the following issues:
(a) Coverage of the procedures, activities and interventions of the mandatory health plan when their refusal by the health-promoting entities or entities that they are assimilated, puts at risk or threatens the health of the user;
b) Economic recognition of the expenses incurred by the affiliate for emergency care in case of being treated in an IPS that is not contracted with the respective EPS when it has been expressly authorized by the EPS for a specific attention and in the event of incapacity, impossibility, unjustified refusal or proven negligence of the Health Promoter Entity to cover the obligations to its users;
c) Conflicts arising in the field of multiaffiliation within the General System of Social Security in Health;
(d) Conflicts related to the free choice between users and insurers and between them and the health service providers and mobility-related conflicts within the General System of Social Security in Health.
e) 126 of Law 1438 of 2011. The new text is as follows: > On benefits excluded from the Benefit Plan that are not relevant to the individual's particular conditions;
f) 126 of Law 1438 of 2011. The new text is as follows: > Conflicts derived from returns or glesses to invoices between entities of the General System of Social Security in Health;
g) 126 of Law 1438 of 2011. The new text is as follows: > Know and decide on the recognition and payment of economic benefits by the EPS or the employer. "
PARAGRAFO 1o. The National Health Superintendence will only be able to know and fail these matters at the request of a party. You may not be aware of any matter which under the current legal provisions must be subject to the process of executive character or actions of a criminal nature.
PARAGRAFO 2o. 126 of Act 1438 of 2011. The new text is as follows: > The jurisdictional function of the National Superintendency of Health will be developed by a preferential and summary procedure, according to the principles of advertising, prevalence of the substantial right, economy, speed and efficiency, ensuring due process rights, defence and contradiction.
The request addressed to the National Superintendence of Health, must express with the greatest clarity, the causal that motivates it, the right that is considered violated, the circumstances of time, mode and place, as well as the name and residence of the applicant. The action may be exercised, without any formality or authentication, by memorial, telegram or other means of communication which is expressed in writing, for which it shall be granted relief. There will be no need to act by proxy. Within 10 days of the request, a decision shall be made, which shall be notified by telegram or by another expeditious means to ensure compliance. Within three days of the notification, the judgment may be challenged. In the proceedings of the judicial procedure the informality shall prevail
PARAGRAFO 3o. 127 of Law 1438 of 2011. The new text is as follows: > The National Superintendence of Health, should:
1. To order, within the judicial process, the provisional measures for the protection of the user of the System.
2. To define in an interim manner the Entity to which it is understood that the plaintiff continues to be affiliated or attended while resolving the conflict that is raised in matter of multiple affiliation and mobility within the General System of Social Security in Health.
For this purpose, the competent official in the exercise of the judicial functions shall consult, before issuing his final judgment or the precautionary measure, the medical doctrine, the guidelines, the protocols or the recommendations of the Committee. Technical-Scientific, as the case may be.
ARTICLE 42. HUMAN RIGHTS DEFENDER. Create the figure of the human rights defender who will depend on the National Health Superintendence in coordination with the Ombudsman's Office. Its role will be to be the spokesperson of the affiliates to the respective EPS in each department or in the Capital District, in order to know, to manage and to give transfer to the competent authorities of the complaints regarding the provision of services health.
Create the fund-account, which is dependent on the National Health Superintendence, which is responsible for collecting and managing the resources allocated to the financing of the costs that the user's office demands. This fund will be fed with the resources of the EPS for the support of the same. The Ministry of Social Protection will regulate everything related to the number of defenders, the choice of those who should be chosen by users and how to they must contribute, each EPS for the funding of that Fund.
FINAL PROVISIONS.
ARTICLE 43. TRANSITIONAL PROVISION-SURPLUS OF THE ECAT SUB-ACCOUNT. Of the surplus of the sub-account of catastrophic events and traffic accidents, of the Solidarity and Guarantee Fund (Fosyga), accumulated as of December 31, 2005, shall be used, by The sum of one hundred and fifty billion pesos ($150,000,000,000.00) for services provided to the poor population in the non-covered with demand subsidies. These services will be liquidated at minimum rates.
The resources will be distributed among the territorial entities and/or in the public hospital network, according to the criteria that the Ministry of Social Protection will define for this purpose.
