The Isapres Association acknowledged receipt of the ruling of the Constitutional Court against the «mutualization» that had been incorporated by the right into the short law, a proposal with which the Government seeks to strengthen the health system and make possible the application of the Supreme Court ruling by the factor tables, and urged La Moneda to decide whether to finally will promote that mechanism.
In a divided vote the day before, the TC declared it unconstitutional that the provision was added through a parliamentary indication and not as an initiative of the President of the Republic, who has exclusive power with respect to social security.
For this reason, through a public statement, the private insurance union stated this Friday that «This option remains valid, although its application depends on the Executive.»
«Two months before the deadline granted by the Supreme Court expires, Finally, it is up to the government to decide whether to include the technical recommendations and propose compliance with the failures with a methodology that ensures the stability of the system.«, he emphasized in that sense.
Likewise, he stressed that «it is necessary to act quicklybecause if the solutions are not timely, they will not be useful to avoid the outcome that no one wants.»
The isapres asked «to keep in mind that while this is being debated, The private health sector is going through a serious crisis that has lasted 18 months, with impact on patients and providers», a scenario in which «the crucial thing is that the solution allows for the restoration of financial balance, the only way to normalize the operation of the isapres, comply with the rulings and avoid harmful systemic effects.»
The TC ruled favorably yesterday regarding the claim of the ruling party and the Christian Democrats, which considered this mechanism as a «forgiveness» to the privately insured and that it would not benefit users. Furthermore, he called it «inadmissible» given that the presentation of laws on social security is an exclusive power of the President of the Republic.
Almost at the end of the first process in the Senate, and with votes from the right, the calculation formula of the Health Superintendency had been modified regarding the nearly one billion dollars that the Isapres should return to their members, and it was incorporated «mutualization», which reduced the amount practically in half by distributing their debt among the users themselves.
GOVERNMENT RULES OUT INCLUDING MUTUALIZATION
This same week the Government had joined the 17 complaining senators, requesting that the indication be declared unconstitutional as it is a social security norm that was not proposed by the Executive.
And in the new scenario, the Minister of the Segpres, Álvaro Elizalde (PS), confirmed that «We presented a project that did not include mutualization and we are going to insist that the project originally presented by the Government be approvedwith the indications that were present at the time, within which that point was not considered.»
TC EXPLAINS: RULING DOES NOT TRANSFER RESPONSIBILITY TO THE GOVERNMENT
The «mutualization» had been proposed by the technical commission convened by the Senate Health Commission during the processing of the law in the instance. But the Executive did not include it in the proposal because it considered, through legal analysis, that it leads to the foundations of the «supremazo», which mandated calculating the debt contract by contract.
He Senator Francisco Chahuán (RN)one of the authors of the inadmissible indication, said that «what the ruling of the Constitutional Court does is transfer responsibility to the Government to achieve, as they have indicated, a financial balance for private health insurance.»
An interpretation that, however, rejected the president of the TC, Nancy Yáñez.
«No, we do not comment on the relevance or otherwise of the proposal, or the substantive contents of the regulations. What the Constitutional Court does is determine that matters that are related to pension matters require the exclusive initiative of the President of the Republic.and it is a regulatory issue,» he explained.
«FORGIVENESS DOES NOT GO»
The short law began its second constitutional process this month in the Chamber of Deputies, from where they have already warned that there is no «political atmosphere or support for the pardon» that right-wing senators had proposed.
«The outlook is then complicated for the intentions of the Isapres and for the opposition that sought a true forgiveness of the insurers’ debt,» the company said today. deputy Ana María Gazmuri (Humanist Action)president of the Health Commission.
«From the ruling party we had contemplated not accepting this absurd reduction of hundreds of millions of dollars and we were going to reject the indication presented by the opposition in the Health Commission. With this resolution it becomes even easier to make a decision. Forgiveness to the isapres does not work«he confirmed.