Court asks to investigate health minister for not adjusting UPC

The Constitutional Court ordered the Attorney General's Office to investigate Health Minister Guillermo Alfonso Jaramillo for failing to comply with the order to adjust the UPC for 2024 and 2025. The court declared the 5.3% increase for 2025 insufficient and opened a contempt proceeding. Experts estimate a $10.3 trillion deficit in the health system.

On January 23, 2025, the Constitutional Court issued Auto 007, penned by Magistrate Carlos Camargo, declaring the UPC set for 2024 insufficient. The court ordered the Ministry of Health to create a mechanism to readjust it, for both that year and 2025, within 10 days of notification.

Health Minister Guillermo Alfonso Jaramillo faces a contempt proceeding for ongoing non-compliance. The Court refers copies to the Prosecutor's Office and Attorney General's Office to investigate potential disciplinary and criminal offenses. Jaramillo has 48 hours to respond to the 49-page ruling.

The UPC adjustment for 2025 was 5.3%, justified by the Ministry via the Informe Mesa Financiera EPS, which points to inconsistencies in resource use. However, groups like Andi and Acemi deem it inadequate. Bruce Mac Master, Andi's president, stated: "Siniestrality up to November 2025 stood at 105.9%, meaning expectations were exceeded by 5.9%. This results in a $10.3 trillion deficit. The Constitutional Court saw this and told the Government the adjustment would not suffice to meet constitutional obligations".

Acemi proposes a 17.33% increase for 2026, based on contributory regime affiliate spending. Andi suggests 15.6%. The Court dismissed the Ministry's nullity requests, reaffirming the duty. Experts estimate a 10.64-point gap, equivalent to over $9 trillion missing.

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Illustration of Constitutional Court Magistrate Carlos Camargo proposing to suspend the economic emergency decree, with business support and presidential concern.
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Magistrate Camargo proposes suspending economic emergency

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Constitutional Court Magistrate Carlos Camargo filed a ponencia to provisionally strike down the economic emergency decree issued by the Government on December 22, 2025. He argues that it fails to meet constitutional requirements for a sudden and unforeseeable crisis, aiming to prevent irreversible effects while the case is decided on merits. Business groups like Fenalco and the National Business Council back this view, while President Gustavo Petro warns of a fiscal crisis if suspended.

Health Minister Guillermo Alfonso Jaramillo states he has not received the Constitutional Court's December 12 contempt incident for UPC non-compliance, following earlier rulings like January's Auto 007. He plans to respond once notified, amid pending 2026 UPC adjustments.

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Following Constitutional Court orders, including contempt proceedings against Health Minister Guillermo Alfonso Jaramillo for prior UPC shortfalls, the Colombian government set the Unidad de Pago por Capitación (UPC) increase at 12.94% for 2026, applicable to contributory and subsidized health regimes. This adjustment raises the assurance budget from $89.8 trillion to over $101.3 trillion, aiming to close regime gaps.

The Ministry of Finance and municipal representatives have agreed on a 7.8% adjustment in transfers from the General Participation System (SGP) for the first twelfth of 2026, following a reduction in the last period of 2025. The meetings also reviewed technical models for fund distribution throughout the rest of the year.

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The debate on Colombia's Financing Law in Congress was suspended until Tuesday due to lack of quorum in the Fourth Commission of the House of Representatives. The bill aims to raise $16.3 trillion to fund a 2026 budget of $546.9 trillion, but faces opposition and potential cuts if not approved. President Gustavo Petro warned of a possible default, while experts like Anif dismiss that risk.

The Chamber of Deputies began a tense session to debate the 2026 Budget, where the officialism achieved quorum and bets on a chapter-by-chapter vote. The opposition criticizes cuts in education, health, and disability, while defending derogations of recent laws. The Government projects 10.4% inflation and 5% GDP growth.

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The Senate chamber unanimously approved, with 31 votes in favor, the constitutional reform creating the Judicial Appointments Council and modifying judicial governance. The bill, pushed by the government in October 2024 after the Audio case scandal, aims to introduce radical changes in judge selection and judicial administration. Senators from various parties backed the initiative, though they requested indications for its refinement.

 

 

 

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