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In the first instance, the First Court of the Specialized Circuit of Buga, Valle, considered that the decision of the Superintendency to revoke the operation of the Health Provider Entity, violated the right to work, specifically of nine people who had some link with Medimás and who were affected by the measure, which is why they instituted a guardianship, which was ruled in favor of the guardians on Wednesday night.
Read also: The voices of rejection due to the departure of Medimás in Santander.
“So then, this constitutional judge considers that the National Superintendency of Health violated the fundamental rights to due process, work, minimum vitality and health of Messrs. Leysi Estefanía Díaz Velásquez, Sandra Eliana Astaiza Pérez, Diana Marcela Cifuentes Pinzón, Sandra Liliana Gil Pitta , Cilia Marcela Canizales, Luz Miryam Fajardo Arenas, Ingrid Adriana Orozco Jaramillo, Digna Catalina Hernández Galvis and Alexa Viviana García Tobón, which is why Resolution No. 12877 of November 12, 2,020 will be protected and will be temporarily rendered ineffective, by a term of four (4) months counted from the notification of this provision ”, says the court’s ruling.
“The decision to revoke the authorization that this entity has to ensure the provision of health services, would lay off the workers of that entity and without a salary with which to procure their basic needs. The consequences of the determination issued by the National Superintendency of Health are undoubtedly more dire than beneficial because a significant group of people in four (4) departments of the country would be unemployed, without the possibility of fulfilling their personal and family obligations, in the middle of a global crisis, where one of the priorities for governments must be to protect employment, ”the document reads.
Among the other arguments of the court is that the decision of the Supersalud implies a labor massacre “that can leave 709 people, among which are some of the plaintiffs, without their salary, which, to a greater extent, constitutes the only source of resources economic that allow them to ensure their dignified life and minimum vitality ”.
In addition, the distribution of Medimás users in other EPS would hinder the care of people who had pending treatments and on whom their lives would depend in many cases.
From the Medimás press office, they indicated that they are just studying the ruling and that they will surely pronounce this Thursday.
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