Kerala

“We have full trust in the Colombian administration of justice, so that, through this time, the irregularity and excesses of the executive in relation to EPS Sanitas cease.” These were the words with which Juan David Riveros, lawyer for the Keralty group in Colombia, of which EPS Sanitas is a part, decided to publish the series of judicial actions with which he intends one goal to achieve: overcome, by all. means legal, property EPS intervened by the government of Gustavo Petro.

In context: Sanitas denounces the Director General of Health for interfering with the EPS

Two weeks ago, Supersalud, led by Luis Carlos Leal, issued a resolution by which it took financial ownership of the EPS Sanitas, ensuring financial difficulties and that it spends more than it receives to guarantee the health of its 5.7 million affiliates, among other reasons. Keralty responded by filing a disciplinary complaint, and, last week, the Attorney General’s Office began an investigation against Superintenden Leal. On April 15, the lawyer Riveros denounced the Prosecutor’s Office for malpractice and announced a series of measures that, although they are being prepared, promise to be a headache for the government.

The first thing, according to the lawyer Riveros, is to present another to the Supersalud resolution that allowed the government to intervene in the EPS. That is the administrative route and it will start first thing tomorrow morning. If this action does not bear fruit, said Riveros, the Keralty group already has the authority to go to the disputed administrative jurisdiction and, before these courts, sue for the resolution of the disagreement to be postponed or file a group action on behalf of the users. requesting that the questioned measure be revoked. Likewise, Riveros assured that it is likely to file a protective action, although he did not explain which rights were allegedly violated.

Read also: The Attorney General’s Office opens an investigation into the Director General of Health for the takeover of EPS Sanitas

One of the actions that has already been taken, and has just been announced to the public, is the denial against Superintendent Leal in the same government agency. With this appeal, Keralty wants Leal removed from the entire process. These were his reasons: “We believe that he has been prevented from knowing any matter related to the EPS Sanitas, to the extent that he has since been a senior director, on his social networks has made comments and taken positions that show his enthusiasm towards the EPS. EPS and the country’s health system. “

“The government says the PQRS has increased and we have a higher than average number of complaints. We do not know his method, but our objective data is as follows: we have approximately 73 million medical procedures per year and complaints in 2023 reach 185,000. This means we are below 0.2% of complaints. We are not happy about it and we are working hard to reduce that number of complaints. But this data shows that we are below the average of the sector and that we have high quality standards,” said lawyer Riveros.

Background Information: Details of the resolution by which Supersalud ordered the intervention of Sanitas

Among the activities before international organizations, the Keralty organization is preparing another series of measures. First, according to Riveros, the foreign investors of the Spanish group sent a letter to the national Ministry of Commerce, informing him of their intention to initiate a dispute within the framework of international investment protection treaties. That is, an investment request that can be multi-million dollars. Likewise, Riveros assured that he will go to the Inter-American Human Rights System and to the Rapporteur on the Right to Physical and Mental Health of the United Nations, revealing a case that is considered, clearly, “arbitrary .”

Regarding the complaint in the Prosecutor’s Office against Leal, although he did not provide many details, the lawyer Riveros explained: “The complaint is for the crime of abuse. He is committed at the moment in which the senior manager is suspended and makes a decision considered irregular. There are several arguments, but, of course, Leal is not completely aware of the rules that govern the phenomenon of intervention, which is in the Organic Statute of the Financial System. He makes a decision that is not provided for in the law: to separate the meeting of the shareholders. “They are taking away people’s rights based on their roles in society.”

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The Attorney General’s Office, for its part, is advancing its powers on two fronts. The first one, according to the Disciplinary Chamber, is a process in which the conduct of the Director Leal is being investigated due to an alleged “lack of motivation” when he took ownership of the EPS Sanitas. This office in the Attorney General’s Office has the power to suspend, if it thinks so, the Superintendent Leal for a period of three months, if it finds that he can conduct his -again that causes him to intervene in other EPS or behaviors that are indicated in the complaint against him.

On the other hand, the office of the Attorney General for Administrative Conciliation, headed by Luis Ramiro Escandón, investigated the Directorate 10 days ago and found, practically, that they did not have a file prepared to support the intervention in Sanitas. “They spent five hours trying to put something together and at 10pm they gave us what they could deliver,” Leal told this newspaper. Likewise, the lawyer, on his own, is investigating measures before the controversial-administrative court and may soon submit an application for annulment against the resolution in which the parties are in conflict.