Maestría en Derecho Médico
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Item Análisis jurisprudencial en torno al acceso a tecnologías no incluidas en el plan de beneficios en salud con cargo a la UPC(Universidad Santiago de Cali, 2022) Cañas González, Jorge Eduardo; Cano Sterling, Andrés FelipeThe normative progressivity to the health system seeks to promote user accessibility to technologies and services for their care, but it is necessary to analyze whether the implementation of said regulations to technologies and platforms apply these principles or if, on the contrary, the policies adopted by the agents that intervene in the system favor access obstacles. The Honorable Constitutional Court has ruled that there are technologies and services that, although they do not have a therapeutic impact, guarantee that the patient has a better quality of life. But such accessibility would omit criteria such as the exhaustion of therapeutic possibilities contemplated in the PBS, relevance, among others. These technical criteria must be observed and should not be taken as access barriers to be overcome through the tutela action, which leads to a debate in which principles and the protection of rights will always prevail, without the possibility of assessing the technical aspects before the urgency of the terms of the guardianship. Under the premises or sub-rules set forth for the recognition of inputs and services not included in the health benefits plan charged to the capitation payment unit (NOPBSUPC), budget ceilings and maximum budgets assigned to Health Promotion Companies have been adopted. Health for the management of these technologies, as well as those covered by a guardianship ruling, but the high demand for these has led to a lack of financing that could become an access barrier due to the possibility of causing a financial imbalance that would have repercussions on the system