The situation of the new EPS continues to accelerate its pulse, because after the findings of the Comptroller and that the Superintendence of Health authorized the statutory reform within this entity, experts foresee a concentration of the financial risk, In addition to an impact on the network and resource flows, in the EPS that concentrates most of the country’s affiliates and in the midst of a fiscal crisis.
(See: Patients Colombia asks the Supersalud for investigations for crisis in EPS intervened)
The Supersalud issued resolution number 7064-6 last August, which gives the endorsement of statutory articles 16, 17, 21, 22 and 66 of the new EPS. Specifically, the points that will change are related to the rules on the issuance, placement and offer of actions; Modifications in the rights of the shareholders and the regulation of the causes of dissolution.
Although this situation occurs in a context in which the new EPS is intervened, health actors estimate that a possible exit from compensation boxes as players and that today have a shareholding participation within the entity, It could generate a series of financial declines.
According to Jesus Albrey González, president of the Bar Association in Medical Law, the main risk of the boxes to leave their participation and The government is with the total control of the EPS is that this can lead to a concentration of financial and operational risk.
“The presence of compensation boxes provides financial muscle, patrimonial support and infrastructure. If they retire, the State would assume responsibility, with high fiscal risk. The mixed composition allowed counterweights in decisions. With the State as the sole partner, private control is reduced and exposure to political decisions increases”He said
(Read more: Alert financial and administrative risk findings after visiting the new EPS)
Experts warn that the departure of compensation boxes as shareholders could concentrate financial and operational risk in the government.
Cesar Melgarejo – Portfolio
Likewise, González specified that another implications of the possible departure of these players have to do with an impact on the network and resource flow. Over there, specifically mentions that the boxes provide infrastructure in health and operation management, so their withdrawal can fragment or weaken the network, and consequently user attention.
Now, in the midst of the fiscal landscape that crosses the country, one of the concerns has to do with the way in which the new EPS will be capitalized, the government being its only player. Because? Basically between the changes that are going to be made to articles 16 and 17, It is established that in the case of the first the percentage of votes necessary to authorize the issuance of shares is reduced from 80% to 60% and to place them without the right of preference, which according to the surveillance entity, facilitates capitalization.
In that front Jesús Abrey González explained to this media that in the event that the compensation boxes leave the new EPS, The government would have various ways to capitalize on the entity. Initially, he pointed out that they could inject capital via general budget of the Nation, provided that it has the respective appropriation and authorization of the Ministry of Finance.
(Read more: Supersalud changes audit agents of New EPS, Coosalud and SOS)
Among the capitalization options are resources of the general budget, budget transfers, surpluses of ADRES or public debt issuance.
Cesar Melgarejo – Portfolio
Additionally, other possible sources such as budgetary transfers, the use of extraordinary resources, such as the surpluses of ADRES, or also, the issuance of public debt to capitalize it would be had. It is important to mention that in any case, Today the country has a fragmented fiscal situation, so not to ensure those health resources would have a series of repercussions, especially in patients.
“There are several risks of this total control, for example the prosecutor: if the State does not guarantee stable flow of resources to the system, capitalization would be only temporary relief and does not solve the structural financing problems. In addition, beyond capitalization, sustainability depends on timely payments to providers, spending and strengthening of the UPC”González clarified.
He added that although the movement is legally viable, if there is no clear source of resources, “it can be seen more as a political measure than as a long -term technical solution.”
(See: They formulate charges to the former president of the new EPS for alleged improper use of resources)
Capitalization requires formal procedures: approval of the Shareholders Assembly, Registration in the Chamber of Commerce and Legality Control of the Supersalud.
Jhon Jairo Bonilla – Portfolio
Legality of decisions
The capitalization of the new EPS is legally possible, provided that the established corporate and regulatory procedures are met. According to González, The process requires approval by the Shareholders’ Assembly, the registration of reforms in the Chamber of Commerce and the authorization of the National Superintendence of Healthinstance that has already granted the corresponding guarantee.
At this point, the National Superintendence of Health retains the power to exercise legality, Which means that you can review that statutory reforms do not violate higher provisions and that the entity maintains the equity solvency levels required by current regulations.
Likewise, the manager points out that it is not a “express” procedure, since it implies the development of formal internal procedures that must be supplied at each stage. Only after fulfilling these steps the capitalization could be realized in practice.
In this way, the analyst concludes by ensuring that, the possibility of strengthening the heritage of the new EPS does not depend solely on the will of the shareholders, but also of the fiscal availability and the approval of the economic and regulatory authorities.
(Also read: Supersalud suspends direct turn to the New EPS providers network)
Diana K. Rodríguez T.
Portfolio journalist
