Constitutional Court Revokes Intervention of EPS Sanitas, Citing Due Process Rights
The Constitutional court of Colombia overturned the administrative intervention imposed on EPS Sanitas by the National Superintendence of Health, restoring full control of operations to the healthcare provider and affirming the due process rights of its parent company, Keralty. The ruling, delivered on the night of Thursday, June 26, stems from a legal challenge initiated in April 2024 following concerns raised over Sanitas’ financial stability and quality of care.
The High Court’s decision, formalized in judgment SU-277 of 2025 and presented by Judge Juan Carlos Cortés González, addresses a guardianship action filed by Clinic Colsanitas SA, Medisanitas SAS, Keralty Sas, Prepaid Medicine Company Colsanitas SA, EPS Sanitas SAS, and legal representative Juan Pablo Rueda Sánchez against the Superintendence of Health.
Background: The Intervention and initial Concerns
EPS Sanitas was initially placed under intervention on April 2, 2024, by then-Health Superintendent Luis Carlos Leal. The stated rationale centered on a perceived risk of financial insolvency and deficiencies in patient care, possibly jeopardizing both the sustainability of the EPS and the rights of its members.
The Superintendence of Health cited concerns over Sanitas’ financial stability and its ability to provide adequate patient care as the primary reasons for the intervention.
The Superintendence, then under the leadership of Giovanny Rubiano GarcÃa, extended the intervention for an additional year in April, citing the persistence of regulatory breaches related to financial conditions and service provision.
Keralty, the owner of EPS Sanitas, vehemently contested the intervention from the outset, characterizing it as “arbitrary, improvised, illegal, disproportionate and discriminatory.” The institution argued that Sanitas’ financial challenges were not the result of internal mismanagement, but rather stemmed from broader structural issues within the colombian healthcare system. these included insufficient funding through the Capitation Payment Unit (UPC), a high concentration of affiliate risk, and a failure to recognize accumulated debts.
- Insufficient funding via UPC
- High concentration of affiliate risk
- Unrecognized accumulated debts
ACEMI and Concerns for Six Million Colombians
Acemi, a guild representing EPS providers, echoed Keralty’s concerns, warning that the intervention would not address the essential problems plaguing the health system and could put approximately six million Colombians at risk. Following the Court’s decision, Ana MarÃa Vesga, director of ACEMI, expressed relief on social media, stating, “More than a year ago we warned about arbitrariness and the risk of this intervention measure. Today, when millions of affiliates have been affected and the company has lost value, the Constitutional Court confirms it and leaves the measure without effect. In good time!”
What the Ruling Means for Sanitas users
While the full text of the Constitutional Court’s ruling remains under review, legal experts anticipate a critically important shift in control. According to Natalia Jaimes, a specialist lawyer in Labor Law and Social Security, the ruling effectively restores Sanitas’ complete operational control, meaning users will once again be served under the insurer’s mandate rather than that of the Superintendence of Health.
Expect a return to services managed directly by EPS Sanitas,rather than the Superintendence of Health.
This means the administrative, financial, and strategic decisions previously overseen by the National superintendence of Health will revert to EPS Sanitas.As the highest court of appeal, the court’s mandate requires the Superintendence to instantly cease all intervention measures, including any special surveillance or forced administration.
however, the ruling is not a complete exoneration. jaimes emphasized that the Court has granted Sanitas a “new prospect,” but also imposed a significant obligation: to demonstrate its ability to operate with “responsibility, efficiency and a focused focus on users.” “The Court gives it a new opportunity, but also a burden: to demonstrate that it can operate with commitment to the millions of users who depend on it,” she stated.
Challenges Remain despite the Ruling
During the period of intervention, existing structural problems within EPS Sanitas were reportedly exacerbated, including delays in medicine delivery, authorization backlogs due to debts with healthcare providers, and shortages of specialist physicians. These issues have fueled a surge in patient complaints that remain unresolved. Jaimes noted that “these problems are not solved with a sentence, they are solved with management and strategy. Now the turn is of Sanitas to champion itself as a first EPS.”
- Medicine delivery delays
- Authorization backlogs
- Shortages of specialist physicians
The Constitutional Court’s decision to revoke the intervention of EPS Sanitas marks a pivotal moment, but it’s just one step in a complex journey. While the ruling offers a lifeline to Sanitas and its users, the underlying structural issues within Colombia’s healthcare system remain. As Sanitas regains control, it faces a crucial test of its ability to address the challenges that led to the intervention in the first place. It’s a critical time for Sanitas to demonstrate that they can operate effectively within the framework of current healthcare policy.
Key Challenges for Sanitas
The path forward for Sanitas is fraught with hurdles. The issues that contributed to the initial intervention – financial instability, delays in care, and patient complaints – aren’t magically erased by the court’s decision. In fact, the restoration of operational control puts the onus on Sanitas to immediately address these pressing matters. Implementing reforms and regaining the trust of their users will be critical.
One of the most immediate challenges is resolving the backlog of pending authorizations for medical procedures and medications. This requires immediate action. Addressing the delays in medicine delivery and the shortage of specialist physicians also requires a multifaceted plan. The Court’s expectation that Sanitas will prioritize “responsibility, efficiency, and a focused focus on users” underscores the urgency of these improvements.
The financial health of Sanitas is another critical concern. Keralty argued that broader systemic issues, such as insufficient funding through the UPC and unacknowledged debts, contributed to Sanitas’s difficulties [[1]]. Sanitas must work to improve financial indicators, restore solvency, and manage risks in a responsible manner.
what’s Next for Sanitas Users
For Sanitas users, the immediate future will unfold in several phases. Following the court’s ruling, patients can expect a return to services managed directly by EPS Sanitas. This means that administrative processes, appointment scheduling, and access to care should, ideally, return to past protocols. However, the effectiveness of this transition depends heavily on Sanitas’s capacity to quickly resolve the problems the intervention was meant to address.
While it’s natural for users to hope for an immediate enhancement, practical steps will be time consuming.Users may need to manage authorization issues and delays in their healthcare and related needs.
Broader Implications for the Colombian Healthcare System
The Sanitas case is an vital test for Colombia’s healthcare. The issues faced by Sanitas are symptomatic of broader challenges in the country’s health system. These challenges include underfunding and the complexities of providing quality care within the existing framework
The outcome of Sanitas’s post-intervention performance will likely influence future interventions and shape policy discussions surrounding healthcare reform. This will impact other patients through better or worse quality. The court case will serve to inform improvements and hopefully influence better and more affordable healthcare across the system.
What does the Constitutional Court’s ruling mean for Sanitas? The court’s decision restores operational control to Sanitas, but the healthcare provider must demonstrate its ability to provide efficient, responsible care focused on its users. Ensuring access to healthcare will be critical during the transition and the court case will set precedent for other healthcare needs.
Actionable Steps for Sanitas Users:
- Verify the status of pending authorizations. Confirm that requested procedures and medications are approved and scheduled.
- Document any service delays. Maintain records of instances of extended wait times or denials of care.
- Understand your rights. Familiarize yourself with what EPS Sanitas is required to deliver in services.
Frequently Asked Questions
What happens if I experience further delays after the intervention is revoked?
If you encounter issues such as delayed appointments, medication shortages, or authorization problems, document the instances and contact Sanitas’s customer service. You may also seek advice from patient advocacy groups if issues persist.
Does the ruling mean the healthcare system issues are resolved?
No.The ruling focuses on Sanitas and does not address underlying systemic issues such as funding, the UPC, or debts within the Colombian healthcare framework. These issues exist for a large number of colombians.
What role does Keralty play in Sanitas’s operations moving forward?
Keralty, as the owner of EPS Sanitas, is responsible for addressing the financial shortfalls and issues raised during the intervention.They will oversee operations
Where can I find more facts about my rights as a patient?
You can access information from the Ministry of Health’s website or patient advocacy groups. These resources provide information on healthcare rights and available remedies such as complaints or legal actions.
The Constitutional Court’s decision provides Sanitas a chance to reshape its operations. This is a vital chance to address concerns about its financial viability and ability to deliver care. Sanitas must prove itself to its users.
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