Cristina Pardo Schlesinger, magistrate of the Constitutional Courtannounced that the high court will review a protection presented by the shareholders of the EPS Sanitas and his then president, Juan Pablo Ruedaagainst the decision of the Health Superintendency that ordered the forced intervention of the health promotion entity, carried out in the month of April.
“Shareholders of the EPS Sanitas filed a protection action to protect its users from the risk in which they are, according to the plaintiffs, on the occasion of the takeover of the EPS by the National Government. The selection criterion is a new issue“, indicated Pardo in the last hours.
In fact, Juan Pablo Rueda had presented a protection action against Supersalud, which was also signed by delegates of the Colsanitas SA clinic, Medisanitas SAS, the Colsanitas SA Prepaid Medicine Company and Keralty SAS.
(You can read: The EPS that would be delivering medicines to deceased people, according to a complaint).
Constitutional Court
In said judicial action, They alleged apparent irregularities in the intervention process by Superintendent Luis Carlos Lealwarning that he had assumptions conflicts of interest and that the separation of the EPS Shareholders’ Assembly was illegal; mentioning that “The intervention lacks evidentiary support and serious analysis” and that “it was issued based on a report submitted the day before the inauguration that has prominent and manifest errors.“.
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The shareholders of the intervened EPS also alleged in the guardianship that the takeover could generate irreparable harm to 5.7 million usersWell, Superhealth “could adopt measures that end the legal existence of EPS Sanitas“.
In the guardianship, in which the representatives of the EPS Sanitas invoked the protection of their fundamental rights by due process, equality, and freedom of associationit is added that, historically, the inaugurations “have concluded with the liquidation of the intervened EPS“.
EPS Sanitas.
It is worth mentioning that this protection had already been rejected by the Superior Court of Bogotá and for the Civil Chamber of the Supreme Court of Justice.
The Court of Bogotá, at the time, warned that EPS shareholders did not prove irreparable harm due to the intervention. They assure that it is impossible to affirm “the risk of serious damage because the administrative act that ordered the takeover is subject to the control of the contentious-administrative jurisdiction and we are even waiting for the appeal for reconsideration against the resolution to be resolved.“.
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The Court further stated that “The shareholders had the possibility of exercising their right of contradiction and the takeover process is supported by the legitimate powers of the Superintendency and its actions enjoy a presumption of legality, which must be refuted before the competent judge.“.
And he added: “(…) the intervention procedure for administration or liquidation is regulated, so in a democratic state of law it should not be the arbitrariness of the official that is imposed, but rather the rules that govern them.“.
PORTFOLIO
*With information from EL TIEMPO – JUSTICIA
