Abstract

MUNOZ E, Iván F et al. Legislation regulating the Colombian health system: formulation, implementation and implications on its agents. Rev. Fac. Nac. Salud Pública [online]. 2009, vol.27, n.2, pp.142-152. ISSN 0120-386X.

In the Colombian health system, the legislation complies with the role of determining its structure and function in order to guarantee the rights to health and social security included in the 1991 Constitution. OBJECTIVE: to present the issues in the formulation and implementation of legislation in the current system and the implications of their various agents. METHODOLOGY: a study in six Colombian cities using qualitative methodology based on the theory. 174 interviews were conducted with doctors, administrators, nurses and users. RESULTS: the findings reveal problems in the formulation and implementation, including: over-regulation and the difficulties of his apprehension, the influence of special interests and not matching the standards with the needs of the population health. DISCUSSION: these problems cause barriers to accessing health services and failures in the quality of patient care, ethical dilemmas and dissatisfaction with health professionals, as well as instability in the health sector institutions. This emerges as a constraint to guarantee the right to health and requires a rethinking of the law in favor of the constitutional principles and the collective welfare.

Keywords : legislation in health; right to health; health service accessibility; health staff; Colombian health system.

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