Abstract

RIVERA AGUIRRE, Christian David. Tendencies in the Colombian constitutional case-law regarding health benefits plan exclusions. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2019, vol.49, n.130, pp.102-124.  Epub Sep 16, 2019. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v49n130.a05.

The present paper presents the case-law tendencies of the Corte Constitucional concerning the list of services excluded from the health benefits plan, established by the Ley 1751 de 2015 Estatutaria de Salud.

A search was carried out in the Corte Constitucional's web page in order to find the pronouncements on each of the services excluded by the law, while applying a reverse engineering methodology on the most recent court rulings, to then identify the judicial precedent and tendencies of the decisions.

It was concluded that despite the existence of a restrictive list of exclusions in the Statutory Health Law, the Corte Constitucional has made it flexible by incorporating rules under which it is considered appropriate to order coverage by the health system.

Keywords : Constitutional Court; Health benefits plan; Exclusions; Judicial precedent; Ley 1751 de 2015.

        · abstract in Spanish | Portuguese | French     · text in Spanish     · Spanish ( pdf )