The Council of State ordered the National Government to regulate the system that determines who, based on their income level, should be part of the contributory health regime and leave the subsidized.
The latter was created to guarantee access to health services for low-income people in the country. According to this court resolution, now the president and the Ministry of Health must carry out administrative action. With this, they have to manage a presumption of income scheme where they identify who has the ability to pay to be part of the contributory regime.
In this system, the affiliate must make monthly contributions to help finance his insurance. The decision of the Council of State comes after a lawsuit from a citizen who argued that the obligation imposed by the Article 33 of Law 1438 of 2011 to regulate the system.
The regulations stipulate that those who declare income and have income with sufficient payment capacity, must be part of the contributory regime. The plaintiff, Carlos Mario Salgado, assured that in the Ministry of Health, the Pension and Parafiscal Management Unit (UGPP), replaced the income system with a cost system.
The court gave six months to make the pertinent changes in the system. The high court indicated that the current cost system responds to the need to determine income based on the contribution of independent workers.
However, he clarified that this regulation obliges the Government to establish rules on the income presumption systems in people who, due to their ability to pay, should not be in a subsidized regime.