The First Section of the Council of State decreed the provisional suspension of Decree 0858 of 2025through which the Government sought to implement the so-called Preventive, Predictive and Resolving Health Model. The decision contemplates that, while the annulment application is being processed, the decree cannot take effect..
The ruling came in response to a lawsuit filed by Andres Forerowho argued that the decree invaded powers that correspond exclusively to the Congress of the Republic.
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President Gustavo Petro
What caused the suspension?
For the Council of State, Decree 0858 was not limited to technical or operational aspects of the health sector. In its analysis, the high court determined that the rule:
– Modifies structural elements of the health system, such as principles, care mechanisms, territorial governance and institutional competencies.
– Introduces substantial changes to current legal models, which is equivalent to reforming the structure of the health system without resorting to Congress.
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The court concluded that the government “exceeded the constitutional limits of the regulatory function” by carrying out profound transformations of the system without legislative support.
He also maintained that the configuration of the right to health benefits must be subject to the principle of reservation of law, given that it is an essential public service whose regulation cannot be done exclusively by decree.
Health
Your reach
With this precautionary decision, the implementation of the territorial model proposed by the Executive remains “pause“. In practice:
– The Preventive, Predictive and Resolving Health Model cannot be applied while the claim is being resolved.
– The legal effects of the questioned decree are paralyzed until the Council of State issues a substantive statement.
– The measure will be notified to the parties (Ministry of Health, Presidency) and may be subject to appeal.
The suspension represents a strong setback to the Government’s attempt to impose a health reform through administrative means, especially in a context of stagnation of the corresponding bill in Congress.
What did the decree propose?
Decree 0858 and the related resolution sought to establish a more preventive model in health, redefine functions, reorganize territoriality and strengthen state coordination in the sector.
Specifically, he stated:
– That the Territorial Entities had a determining role in the organization and direction of the RIITS.
– That the EPS lose key functions such as the formation of networks, referral control and resource management.
That the State assume a more central role in the coordination, financing and management of the health system.
However, from different sectors (former ministers, academics, medical associations) it was warned that such modifications constitute a reform “de facto”, since they implied structural changes without going through legislative debate or having fiscal support.
PORTFOLIO
