Health Minister Awaits Constitutional Court Contempt Notice on UPC Issues

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.

Following the Constitutional Court's January 23, 2025, Auto 007—which deemed the 2024/2025 UPC adjustments insufficient and ordered investigations—the Court escalated on December 12, 2025, by opening a contempt incident against Health Minister Guillermo Alfonso Jaramillo for broader non-compliance with 2008 Sentence T-760 orders on health system financing.

Jaramillo confirmed he has not yet received the official notice and is awaiting the document to issue a formal response. The Ministry is set to conduct a study in 2026 assessing UPC sustainability, with an increase announcement expected soon amid sector demands to avert service disruptions.

This development underscores persistent tensions over UPC funding, previously highlighted by deficits exceeding $10 trillion and criticisms from groups like Andi and Acemi.

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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.

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.

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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.

Following last week's announcement of plans for an economic emergency decree, Interior Minister Armando Benedetti confirmed its signing by all cabinet members on December 18 and filing the next day. The measure addresses a 16.3 trillion peso shortfall in the 2026 budget after tax reform's failure, targeting high-income sectors to secure public debt payments and avoid rising country risk.

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The Constitutional Court suspended President Gustavo Petro's economic emergency decree from December 2025, an unprecedented move halting measures like a tax reform by decree. Huila representatives in Congress voiced divided opinions on the fiscal, legal, and political ramifications of this ruling. Some hail it as a check on an unconstitutional 'decree blitz,' while others decry the constraints on tackling the economic crisis.

The defense of former Interior Minister Andrés Chadwick requested a guarantees hearing in Santiago's Seventh Guarantee Court, claiming obstacles in accessing the investigation file from the Antofagasta Regional Prosecutor's Office. The Public Ministry denied any administrative delays and confirmed document availability since March 2024. They also highlighted prior meetings with lawyers and one scheduled for December 22.

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The review commission of the Chamber of Deputies unusually annulled the unanimous vote approving the constitutional accusation against Supreme Court Judge Diego Simpértegui due to an error in delivering key documents. Commission President Maite Orsini decided to repeat the vote on Thursday after confirming that a crucial piece of evidence arrived on time but was not reported. This postpones the plenary session until next Monday.

 

 

 

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