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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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.

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