1608 OF 2013

(January 2)

Official Journal No. 48.661 of 2 January 2013

CONGRESS OF THE REPUBLIC

By means of which measures are taken to improve the liquidity and use of some Health Sector resources.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT. This law aims to define measures to improve the flow of resources and the liquidity of the Health Sector through the use of resources that correspond to balances or surplus of master accounts of the subsidized health system. (b) the arrangements for the financing of the recognized debts of the subsidized health system by the territorial entities within the meaning of Article 275 of the Law 1450 of 2011.

ARTICLE 2o. USE OF THE BALANCES OF THE MASTER ACCOUNTS. The balances of the master accounts of the subsidized health regime may be used as follows provided that they are not required to guarantee the commitments and Health-subsidized and discounted contingencies arising from those intended for use in accordance with the provisions of Article 89 of Law 1485 of 2011:

1. To take on the own effort in charge of the municipalities and districts, which during the vigencies of 2011, 2012 and 2013 should be provided in the co-financing of the Subsidized Health System. These resources will be turned directly to the Health Services Institutions.

2. In the payment of the services provided to the uninsured poor population and for the payment of the services not included in the Plan of Benefits in charge of the department or district assumed by Institutions Prestators of Public Health Services or private, regardless of the date of the cause of the obligation, after audit of accounts in accordance with the laws and regulations in force.

For the provisions of this number, the territorial entities will define by administrative act the amount that will be used for this purpose, which will be turned in all cases to the Health Services Institutions. These payments will give priority to the Institutions of Public Health Services.

3. To finance fiscal and financial consolidation programs of State Social Enterprises categorized at medium and high risk in compliance with Law 1438 of 2011. These programmes will include measures to be followed by the following order of priority: payment of employment loans, restructuring and consolidation of liabilities, acquisition of a portfolio, provision of working capital, payment of a portfolio recovery fees for services rendered to the poor, uninsured or otherwise not included in the difficult recovery benefit plan. For the purposes of the acquisition of a portfolio, the territorial entity shall advance the recovery arrangements that correspond to the debtor or make payment arrangements.

4. Investment in the improvement of the infrastructure and endowment of the public network of Health Services Institutions, within the framework of the organization of the network of service delivery. The non-certified Municipalities and Districts shall execute the resources referred to by this numeral, in coordination with the Department. These investments should be included in the Biennial Plan of Investments in Health of the respective department or district.

5. To finance in the municipalities and districts Special categories, 1 and 2, pilot tests to make adjustments to the UPC of the Subsidized Health System in the form as determined and regulated by the Ministry of Health and Social Protection.

PARAGRAFO. To use the resources according to the number 4 and 5, the territorial entities must be guaranteed the co-financing of the own effort of the subsidized Health Regime. to be performed. The investment referred to in paragraph 2 of this Article shall also be provided for in the appropriate case.

ARTICLE 3o. USE OF THE RESOURCES OF EMPLOYER CONTRIBUTIONS. The resources of the general system of participation of the service delivery component in the non-covered with demand subsidies, will be used as follows:

1. During the years 2013 and 2014 the resources of the general system of participations transferred without situation of funds and budgeted by the social enterprises of the State for the concept of employer contributions, will not be subject to recognition by services provided. These resources will be considered to be subsidy to the offer.

The employer's contribution resources of the service delivery component in the non-covered demand subsidies that have not been invoiced for the duration of 2012 will be subject to the provisions of this number.

The increases to the payroll and consequent increases in the employer's contributions after the 2012 period will not be considered for the purposes of this article.

The territorial entity will be able to set goals for the Institutions of Public Health Services beneficiaries of the employer contributions for the implementation of these resources.

2. The resources of surplus of employer contributions corresponding to assets remaining from the collection of contributions to the Social Security System in Health arising from the process of liquidation of the Cajanal EPS, will be used by the departments and districts so:

For the payment of services provided to the non-insured poor population and services not included in the Plan of Benefits in charge of the department or district assumed by the Institutions of Public or Private Health Services or paid for the EPS. The resources referred to in this article in all cases will be turned directly to the Health Services Institutions from the collection and spin mechanism created under the article 31 of Law 1438 of 2011; for this purpose, territorial entities and EPS, as the case may be, shall refer to the Ministry of Health and Social Protection the information of the Health Services Prostators who will be made in accordance with the provisions of this Article. In these payments, the Institutions of Public Health Services and the obligations of greater seniority will be privileged.

The distribution of these resources will be made between departments and districts as follows:

a) 50% of total equal share resources among all departments and districts in the country;

b) 50% between departments and districts with the formula set out in Article 49 2) of Law 715 of 2001 and other regulatory provisions.

ARTICLE 4. USE OF SURPLUS RESOURCES OF LEASED INCOME. <Article as amended by Article 121 of Law 1737 of 2014. The new text is as follows: > Departments and districts will be able to use the resources of surplus and uncommitted balances of the revenues transferred in the strengthening of the infrastructure, the technological renovation, the fiscal consolidation and This is a financial guarantee for the proper operation of the SEFs.

ARTICLE 5o. CONSOLIDATION OF DEBTS OF THE SUBSIDISED REGIME RECOGNISED UNDER ARTICLE 275 OF ACT 1450 OF 2011. For the consolidation of these debts in addition to the use of the resources of Article 275 of Law 1450 From 2011, the territorial entities will have the following alternatives for payment:

1. Authorize the Ministry of Health and Social Protection to have one hundred and fifty billion pesos ($150,000,000,000) available for a single time of the Fosyga's resources so that the territorial entities can handle the debts recognized by the subsidized Health Regime under the provisions of Article 275 of Law 1450 of 2011 and its regulations.

These resources will be allocated by the Ministry of Health and Social Protection to the municipalities of categories 4, 5 and 6 that have recognized and unpaid debts, within the framework of Article 275 of the Law 1450 of 2011 and its regulations. For the above, it will be prioritized the municipalities that have allocated or allocate royalty resources and the General System of General Purpose of Free Investment, for the payment of the debts referred to in this article.

In no case shall more than 3% of the total of the resources provided for in this Article be allocated to a single territorial entity and more than 70% of the total unpaid debt recognised with the resources of the master account and the Savings Fund and Oil Stabilization (FAEP).

The resources allocated must be restored by the beneficiary territorial entities, within the time limits set by the Ministry of Health and Social Protection, which in no case will exceed ten (10) years, through the increase of its own effort in the co-financing of the Subsidized Health System. To this end, the territorial entities will have to define the territorial sources of national collection with which they will assume their own effort in the co-financing of the Subsidized Regime, which will be rotated from the source to the single mechanism of raised and implemented as provided for in Article 31 of Law 1438 of 2011. For the restitution of these resources and the payment of the debts of the subsidized regime, in no case will it be possible to affect more than 30% of the assigned value of the General System of General Purpose of Free Investment in each annuity.

The rotation will be made directly to the Health Services Institutions, with whom the Health Promoter Entities have debts or pending payments for the provision of health services of the population affiliated to the Subsidized Health Regime, independent of the date of causation of the obligations, giving priority to the Prestators of Public Health Services and the indigenous I.P.S. and the obligations of greater seniority.

The Minister of Health will consolidate a detailed report on the use of these resources, which he will present to the Congress of the Republic within one year of the entry into force of the law.

2. Additionally, for the payment of these debts, the Territorial Development Finance Findeter will be able to have medium and long term credit lines with compensated rate.

ARTICLE 6o. FURTHER TO ARTICLE 150 OF LAW 1530 OF 2012. The following paragraph is added to Article 150 of Law 1530 of 2012:

PARAGRAFO. The Territorial Entities that recognized debts of the subsidized Health Regime, under the framework of Article 275 of Law 1450 of 2011, and have savings in this Fund, may bring forward the savings over a period of up to twelve (12) months in order to pay those debts. The resources will be rotated by the National Hydrocarbons Agency (ANH), or the entity that does its times, to the unique mechanism of collection and rotation implemented in accordance with the provisions of article 31 of Law 1438. In 2011, for this mechanism to be turned to the Institutions of Health Services.

ARTICLE 7o. Article 50 of Law 1438 of 2011 will remain so:

Article 50. Salvage Fund and Guarantees for the Health Sector (Fonsaet). Create the Guarantee Fund for the Health sector (Fonsaet) as a fund account without legal status administered by the Ministry of Health and Social Protection, whose purpose will be to ensure the payment of the obligations by the Social enterprises of the State that are at risk high or medium as provided for in Article 80 of this law or who are intervened to administer or liquidate National Superintendence of Health and those that adopt the programs of fiscal and financial consolidation with The nation's accompaniment. The Ministry of Health and Social Protection shall determine the percentage of operational and passive expenditure to be financed from that Fund.

To fund this fund, the following resources will be used: up to 10% of the resources that are transferred for the supply of resources from the General System of Participations for Health and the surplus of the resources allocated to the health of the Law 1393 of 2010, which is directly raised by the Nation. This fund may purchase or market the portfolio of the Public Health Services Institutions, independent of the financial risk in which the institution is located. The EPS portfolio purchase will not exonerate its administrative and financial liability against the debt purchased and the fund will require collateral to support the debt.

For the above purposes, the terms and conditions for the administration of the fund will be established by the National Government.

PARAGRAFO 1o. The billing of the Health Promoter Entities and the Health Care Institutions must conform in all respects to the requirements laid down by the Tax Statute and the Law 1231 2008.

PARAGRAFO 2o. They will be given priority to access the resources covered by this article by State Social Enterprises that have not received resources prior to this Fund.

In any case, the payment of the transaction, by the Health Promoter Entities, must be given in a maximum term of one (1) year.

ARTICLE 8o. PROGRAMS FOR THE CONSOLIDATION AND STRENGTHENING OF SOCIAL ENTERPRISES IN THE STATE. It is understood by the Fiscal and Financial Sanitation Program of State Social Enterprises, a comprehensive, institutional, financial and administrative program that covers the Social enterprise of the State, which aims to restore its economic and financial solidity of these companies, with the purpose of ensuring continuity in the delivery of the public health service.

The Fiscal and Financial Sanitation Program will have to contain measures of administrative reorganization, rationalization of spending, restructuring of the debt, consolidation of liabilities, and strengthening of the income of Social Enterprises. State; that they allow their proper operation, in order to guarantee the access, opportunity, continuity and quality in the delivery of the health services to the user population.

The State Social Enterprises, which, according to the evaluations carried out by the Ministry of Finance and Public Credit, are in breach of the fiscal and financial consolidation program, will have to start with the Ministry, the promotion of Agreement on the restructuring of liabilities when the analysis of the situation of the State Social Enterprise identifies the ability to generate sufficient income for the payment of its current commitments and the payment of its loans. The nomination and promotion of the agreements to restructure liabilities advanced by the Social Enterprises of the State, will be carried out by the Ministry of Finance and Public Credit.

The resources that the Nation will allocate or those that are permitted in this law for fiscal and financial consolidation and the reorganization of the Health Services Institutions will be framed in this definition.

PARAGRAFO. The general parameters of content, monitoring and evaluation of the programs referred to in this article will be determined by the Ministry of Finance and Public Credit, with Ministry of Health and Social Protection. These parameters must contain financial, administrative, institutional and legal aspects.

In any case, the viability, monitoring, monitoring and evaluation of the performance plans will be carried out by the Ministry of Finance and Public Credit.

ARTICLE 9o. RESOURCES OF THE SUB-ACCOUNT OF GUARANTEES FOR THE HEALTH OF THE FOSYGA. The resources of the Sub-account of Guarantees for Health, in addition to the uses provided for in Article 41 of Decree number 4107 of 2011, may be use to advance from the Sub-Account of Guarantees for Health, directly, purchase of the recognized portfolio of Health Services Prestators with Health Promoter Companies. In this case, the portfolio recovery may be made through discounts of the resources than to any title, the Fosyga or the unique collection and spin mechanism created pursuant to article 31 of Law 1438 of 2011, they are in the EPS.

In any case, the payment of the operation by the Health Promoter Entities must be given in a maximum term of one (1) year.

PARAGRAFO. The Ministry of Health and Social Protection will regulate the procedure to implement the provisions of this article.

ARTICLE 10. DIRECT ROTATION OF EPS IN SPECIAL SURVEILLANCE, INTERVENING OR IN LIQUIDATION MEASURES. The Health Promoter Entities, which are in the form of special surveillance, intervention or liquidation by the control and surveillance body competent, shall rotate at least 80% of the recognized Capitation Payment Units, to the Health Services Prostators, directly from the Fosyga or from the collection or drawing mechanism created under the development of the article 31 of Act 1438 of 2011.

The direct turn in the case of the Contributory Regime will be made once the corresponding procedure is regulated by the National Government.

ARTICLE 11. The EPS of the Subsidized Regime that owe to the Territorial Entities resources derived from the liquidation of contracts of the subsidized health regime, must be reintegrated into the Territorial Entity within a maximum period of 60 calendar days following the validity of this Law. If you do not reintegrate in this term you will be able to practice discounts of the spins that to any title make the Fosyga.

Health service providers and the various payers of the General System of Social Security in Health will have the obligation to carry out permanent treatment of the information of the financial states, in such a way that they are reflected, the payments and advances to the receipt of the same.

When the network of the same department reports a default of more than 90 days in the EPS payments, it will be possible to authorize direct rotation to the additional providers authorized by the EPS. For the implementation of this rule, the National Government will regulate the procedure.

In the case of the recoveries and complaints made to the Fosyga whose glosa of an administrative character has been notified prior to the issuance of this Law, and on which the term of the expiration of the (a) the relevant administrative disputes shall only be required for recognition and payment of the essential requirements which demonstrate the existence of the respective obligation. The recovery institutions shall authorise the direct transfer of the total value to be approved in favour of the Health-enabled Institutions. The Ministry of Health and Social Protection may allow the supporting documents of the charges or claims before the Fosyga to be submitted through digitized images or the technology that for this purpose defines said entity.

ARTICLE 12. MONITORING AND CONTROL. For the purpose of controlling the appropriate use of the resources referred to in this law, the obligation to report to the Ministry of Health and Social Protection the plan of implementation and implementation of the resources This law is dealt with in the terms and conditions required by this Ministry, which in turn will report the implementation reports to the inspection, surveillance and control agencies in the sector. The National Health Superintendence will monitor and continuously monitor the correct implementation of the resources provided for in this law.

In the event that the improper use of the resources in this law is detected, the competent entity must order the suspension in the execution of the same.

The territorial entities, Health Promoters and Health Services Institutions, once the payments or orders are received, shall reflect in their accounts the accounts receivable and pay duly reconciled and purged, in accordance with the accounting procedures defined in the applicable rules applicable to each entity.

ARTICLE 13. VALIDITY. This law governs from its publication and repeals any provisions that are contrary to it.

The President of the honorable Senate of the Republic,

ROY MONTEALEGRE BARRIERS.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

AUGUSTO POSADA SANCHEZ.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 2 January 2013.

JUAN MANUEL SANTOS CALDERÓN

The Deputy Minister of the Ministry of Finance and Public Credit, charged with the duties of the Office of the Minister of Finance and Public Credit,

ANA FERNANDA MAIGUASHCA OLANO.

The Minister of Health and Social Protection,

ALEJANDRO GAVIRIA URIBE.