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.

President Gustavo Petro signed Decree 1390 of 2025 declaring a 30-day economic and social emergency in Colombia after the Congress sank the financing bill. The measure aims to raise funds to cover a $16.3 trillion deficit and ensure essential services like health. The announcement sparks legal and political debate, with reviews pending from the Constitutional Court and Congress.

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Colombia's Constitutional Court provisionally suspended Decree 1390 of December 22, 2025, which declared an Economic and Social Emergency. President Gustavo Petro criticized the decision as a rupture of the constitutional order and stated that the cost of the debt will not fall on the working class. The government plans to present new tax laws to address the deficit.

UDI deputies Jorge Alessandri and Guillermo Ramírez warned they will file a constitutional accusation against Finance Minister Nicolás Grau if the government insists on reintroducing a provision that makes it harder to dismiss contract public servants in the public sector readjustment bill. This 'tying law', deemed immoral by the UDI, aims to secure jobs for government allies, sparking divisions within the opposition and criticism from the ruling coalition. The announcement, made on Thursday, plans to introduce the motion in March.

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Federal judge Martín Cormick suspended the presidential decree halting the University Financing Law and ordered the government to immediately implement salary increases for teachers and student scholarships. The ruling deems the decree arbitrary and illegal, violating the separation of powers by disregarding Congress's insistence. The decision addresses a claim by the National Interuniversity Council to safeguard the right to education.

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