For two years, control and surveillance entities and various social organizations have been denouncing a problem that seriously affects the Colombian health system. the shortage of medicines.
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This situation, which puts at risk the collective rights to public health and effective access to health services, has led to the Foundation for the Rule of Law (FEDe. Colombia) to file a lawsuit against the Ministry of Health and the National Institute for Food and Drug Surveillance (Invima).
The legal action presented by the Foundation indicates the lack of effective measures by the Government to mitigate the crisisaccusing the defendant entities of being responsible for the threat and violation of fundamental rights.
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In the words of Andrés Caro, director of FEDe. Colombia, “It is clear that the elements of availability and accessibility, and the criteria of efficiency and timeliness in the provision of the public health service, are affected as a result of the shortage of medicines and supplies.”.
The Foundation carried out a detailed analysis of reports and data that reveal a worsening of the crisis. According to the document, structural problems such as delays in processing health records by Invima and insufficient financial resources in the EPS, derived from the lack of allocation and transfers related to Maximum Budgets, have deepened the shortage.
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These failures have impacted the financing of the Capitation Payment Unit (UPC), directly affecting the provision of medications included in the Health Benefit Plans (PBS).
Although Invima implemented an emergency plan to address the crisis, Its non-binding nature after an appeal that revoked precautionary measures initially approved by the Administrative Court of Cundinamarca has generated uncertainty.
The Attorney General’s Office, for its part, requested precautionary measures within the framework of a popular action related to the regulation of prices of medicines and medical suppliesbut the Council of State revoked them, arguing lack of direct correspondence with the claims of the action.
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Demands and possible solutions
The FEDe demand. Colombia includes several claims aimed at correcting the crisis:
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1. That Invima promptly responds to requests for health records of medicines.
2. Guarantee the flow of economic resources between the national government and the EPS for the adequate supply of medicines.
3. The creation of a verification committee made up of actors from the health sector, such as the Attorney General’s Office, the Ombudsman’s Office and social organizations.
Besides, The Foundation requests specific orders to reduce shortages, including actions that strengthen the financial and administrative supervision of the entities involved. The lawsuit complements the popular action of the Attorney General’s Office, which seeks to regulate the prices of medicines and medical supplies.
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The current situation poses an imminent danger to thousands of patients who depend on essential medicines. According to FEDe. Colombia, The government response so far has been insufficient, which aggravates the possibility of irreparable harm to the most vulnerable population..