The Ministry of Health sued 21 EPS for violating the right of access to health by failing to comply with the obligation to establish and maintain technical reserves to guarantee payments for the provision of health services.
This was announced by the Ministry of Health in a message published last Sunday on its X network account, in which the text of the popular action lawsuit presented before the Contentious Administrative Court of Bogotá by the legal director of the Ministry is attached. Rodolfo Enrique Salas.
In an unprecedented popular action lawsuit, presented before the Contentious Administrative Court of Bogotá, the Ministry argued that – based on a report from the Superintendency of Health – non-compliance with technical reserves by EPS during 2023 was evident. “calculated with the information sent by themselves.”
Technical reserves
Technical reserves are assets that provide security and liquidity to the insurer and with them the EPS can pay their network of providers. The EPS must guarantee these reserves of the resources of the Capitation Payment Unit (UPC), which come from the health contributions of all Colombians.
“The imminent consequence of non-compliance with the technical reserves is that the EPS will not have the resources to pay for the provision of health services and, therefore, the IPS (Health Providing Institutions) will stop providing health services.” , thereby generating a serious transgression of the collective right to access the public social security health service and, therefore, the fundamental right to health of the Colombian population,” the demand for popular action states.
In it, the Ministry of Health requests that the EPS “immediately carry out the necessary steps in order to fully comply with the constitution and investment of technical reserves, to guarantee pending obligations (…) in an attempt to guarantee the right “fundamental to the health and its proper provision of the inhabitants of the national territory.”
It also requests “to order the defendant entities to execute all actions that are necessary to avoid contingent damage and put an end to the danger, threat, violation or harm to the collective rights and interests whose protection is requested.”
EPS demanded
1. Comfenalco Valle EPS
2. Compensate EPS
3. Health EPS
4. EPM Medical Service Unit
5. Famisanar EPS
6. Social Liability Fund of the National Railways of Colombia
7. Western Health Service (SOS)
8. Capital Health EPS
9. Capresoca EPS
10. Savia Salud (Medellín Antioquia EPS Alliance)
11. New EPS
12. Cajacopi Atlántico
13. Step groves
14. Emsheal
15. My Health
16. Comfachocó
17. Comfaoriente
18. Mutualser EPS
19. Coosaluds
20. EPS Total Health
21. EPS Sura
Source: Ministry of Health