The Court’s order must be complied with within two months.
This decision was adopted by the Special Chamber for Follow-up on Judgment T-760 of 2008 which, through Auto 2882 of November 20, 2023, declared the level of compliance under the twenty-fourth order. This search ensure the flow of resources that the national government must allocate to the payment of certain health services and technologies, specifically, those that it has established that must be recovered by the EPS once delivered to the population -recovery procedure-, since they are not financed with the Capitation Payment Unit (UPC) or the Maximum Budgets. The UPC is the annual value that is recognized by each of the members of the general health system to cover the benefits of the health benefit plan in the contributory and subsidized regimes.
To guarantee this objective, the Government committed to definitively cancel this debt, through what it called the Final Point Agreementa rule by which it was established that all outstanding amounts would be paid to the EPS on the occasion of the provision of the aforementioned health services and technologies that were delivered to the population until December 2019, with the intention of avoiding the accumulation of new debt in favor of the EPS and the IPS.
However, in this decision the Chamber found, among other things:
That by 2023 the full payment of this debt had not been made, which, according to the Government, would be completed in August 2022. It showed unpaid amounts that were approved within the agreement Sums of money that were not negotiated in the agreement because they are discussed in judicial processes That, as of 2020, a new debt arose in favor of the EPS and the IPS for the provision of these services.
Added to the pending values, the Chamber identified that the actors in the health sector indicated that, in relation to the new debt that was emerging in terms of recoveries -as of 2020-, they were owed more than one billion pesos for this reason, and that the origin of these obligations was related, to a large extent, to services provided during the Covid-19 emergency.
Consequently, the Court ordered the Ministry of Health, among other things, to disburse all the monies approved with the agreement and that had not been paid, at the latest, within the following two months from the communication of the decision. adopted.