The Administrator of the Resources of the General Social Security System (ADRES) began the process of coercive collection against Carlos Palacino, former president of the EPS Saludcoopfor an adjusted amount of 289.982’065.667 pesos. This decision is based on judicial failures issued since 2022, which establish that there was an improper appropriation of public resources for the health sector.
The measure was adopted in compliance with the ruling of November 9, 2024, issued by the Criminal Chamber of the Superior Court of the Judicial District of Bogotáwhich confirmed the responsibility of the former director. From this decision, the ADRES issued the corresponding payment commandment, thus initiating the process to recover deviated resources.
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The administrator’s performance took place after the sentences of the 49 Criminal Court of the Circuit of Bogotá and the Superior Court of Bogotáafter the Criminal Cassation Chamber of the Supreme Court of Justice inadmitted the appeal presented by the defense of Palacino. With this, all instances of appeal were closed, consolidating the failure that allows you to advance with the collection.
EPS health
The amount claimed through the coercive collection process corresponds to an updated sum since 2005, which reaches 289,982’065.667 pesos; however, In accordance with the provisions of article 838 of the National Tax Statute, the collection action has a maximum legal limit of 579,964’131.334 pesos, equivalent to double the debt.
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Adres has already formally notified Palacino about the beginning of the process, which represents a new advance in the recovery of public funds that were originally destined to the provision of health services.
Ratification of the State Council
This coercive charge advanced by ADRES adds to another decision of great importance in the same judicial process. The Section I of the Administrative Contentious Chamber of the State Council He confirmed the fiscal responsibility of Palacino and ratified the sanction imposed by the Comptroller, which forces him to reintegrate more than $ 1.4 billion for the undue appropriation of resources of the resources of the resources of the resources of the General Social Security System (SGSS).
The High Court concluded that the administrative acts of the Comptroller were adjusted to the legal and constitutional system, dismissing the claim of nullity presented by Palacino. In it, the former director alleged Violation to due process, erroneous motivation, deficiencies in the assessment of evidence, lack of competition and demanded compensation for more than $ 32,000 million for material damages, as well as 1,000 minimum wages for moral damage. All these arguments were rejected.
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Health
According to judicial and fiscal decisions, Palacino designed, promoted and executed administrative and accounting strategies that allowed to divert public resources towards private accounts of EPS and linked companiessuch as Cafesalud and Epsifarma, breaching its legal destination aimed at health care.
“It was evidenced that Mr. Palacino participated in the design, implementation and execution of the administrative and accounting maneuvers that gave rise to the improper appropriation of resources of the SGSSS, affecting the financial sustainability of the system“indicates the ruling of the State Council. These practices included the use of public funds to cover administrative expenses, acquire real estate and finance companies of the group, without legal support or normative support.
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