Following the report of the Comptroller General of the Republic, which was carried out against 24 Health Promoting Entities (EPS) for the allocation of the Per Capita Payment Unit (UPC) in 2020 and where fiscal findings were made, Asocajas, the Health Insurance Chamber of the Andi and Acemi They showed their disagreement with the Government’s entity thesis.
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This, in relation to the application of the principle of budgetary annuality of the UPC that is transferred to the different agents of the system by the EPS, among them, the final payment for health services and technologies.
According to information from the entities, There is currently no legal provision in force that supports this position.since the fact that the premium is calculated annually does not imply the extension of the annuity regime and other rules of the Organic Budget Statute to individuals who administer the parafiscality.
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They remembered that the Constitutional Court in Judgment SU 480 of 1997 He pointed out that if the contributions from the national budget and the membership fees to the social security system are parafiscal resources, their management will be outside the budgetary and administrative regulations that govern fiscal resources from taxes and fees, unless the legal system specifically orders it.
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“Therefore, the organic rules of the budget are not applicable to it since the State is a mere collector of those resources that have a specific purpose: to meet health needs.“, the rule dictates.
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For this reason, the unions emphasize that the UPC can be used to create technical reserves (which, when released, are used to pay for services incurred in the past) and to pay for services and technologies of the current term and of different terms, as is typical of an insurance system. especially in a scenario of insufficient resources and outdated, deficient and insufficient information.
“Constitutionally, parafiscal health resources must be used to pay for health services and technologies, and to assume the administrative costs of the system. Payment for health services and technologies from previous periods complies with this constitutional rule.“, they point out.
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They add that if the thesis set forth by the Comptroller’s Office on the annuality and other rules of the public budget is applied, the flow of resources and the payment of debts in a system will be “seriously” affected, “increasingly unviable, among other reasons due to government inaction in the face of proven sufficiency problems“, they say.
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Now, regarding the use of the 2020 UPC, the unions explained that these resources entirely financed the insurance and attention to the pandemic in that year. While the extraordinary money referred to by the Comptroller’s Office from the Fome, $1.8 trillion worth of Covid baskets were issued in 2021which is equivalent to about 2% of current income in 2021.
“We respectfully call on the Comptroller General of the Republic to review and clarify this thesis, which, when applied to individual fiscal responsibility processes, will extend to the payment chain of the entire system and will aggravate a situation that is becoming increasingly adverse for patients and their families, especially the most vulnerable.”, they conclude.
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