The National Health Superintendent, Giovanny Rubiano García, reiterated judges, EPS, IPS and other system actors The obligation to comply with the constitutional and legal provisions that protect health resources.
The pronouncement is given after knowing journalistic denunciations about what would be a new Modality to divert money from the sector through judicially ordered payment commandments to an EPS that is under intervention measure.
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The official recalled that “The unattainability of the resources destined for health is based on the provisions of article 25 of Statutory Law 1751 of 2015, article 182 of Law 100 of 1993, article 2.6.4.1.4 of Decree 780 of 2016, and the current constitutional jurisprudence, including Judgment T-760 of 2008 and recent pronouncements”
As explained, these norms establish a clear legal framework that prevents money that finances assurance and health care are subject to embargo or of measures that put the continuity of the services at risk.
Rubiano emphasized that the principle of unattachability aims to ensure that the flow of resources towards providers is maintained in a timely manner, protecting the sustainability of the system and ensuring that the general interest prevails over particular interests. “Judicial measures cannot paralyze the operation of the system or prevent effective access to health services”He said.
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The Supersalud asked EPS to report the list of providers who seize health resources through judicial decisions.
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The Superintendent also recalled that this principle has been reiterated in different circulars issued by the Attorney General’s Office, the Comptroller General of the Republic and the Ministry of Health itself, which shows an institutional consensus around the need to shield public resources aimed at guaranteeing the fundamental right to health.
In this sense, he warned that the diversion of these money through judicial mechanisms can compromise the attention of millions of users and Generate an additional risk in a system that already faces financial pressures.
According to the Superintendency, the call is not only aimed at judges, but also to public and private entities that participate in the system, including EPS and IPS. Rubiano explained that, although providers have the right to claim pending payments, these processes must respect current regulations and not affect the destination of the resources that sustain the insurance. “Compliance with the law is mandatory for all actors, so that the judicial route cannot be used as a shortcut to ignore the principles that govern the health system“He added.
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The principle of unattachability seeks to guarantee the flow of resources towards providers and protect the sustainability of the system.
In your speech, The Superintendent asked the EPS to deliver to the Superintendency the list of providers who have resorted to health resources embargoes to press the payment of accumulated debts of previous validity. With this information, the entity seeks to establish detailed monitoring of the practices that, according to complaints, would be used to access public money irregularly.
Rubiano said that the protection of resources does not imply ignoring the pending obligations, but to ensure that their payment is made within the regulatory framework. The Superintendency has insisted that there are established mechanisms for reconciliation and sanitation of accounts, without it being necessary to put the functioning of EPS or IPS at risk that depend on the constant flow of resources to operate.
The pronouncement occurs at a time when the health system faces a scenario of financial tensions, with significant debts between insurers and providers. The call of the Supersalud seeks to stop practices that can aggravate the situation and put user attention at risk. “Respect for unattachability is essential to maintain stability and confidence in the system”Rubiano concluded.
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Diana K. Rodríguez T.
Portfolio journalist
