Publicación:

La acción de tutela como mecanismo constitucional para el amparo del derecho a la salud

Resumen

The project analyze the issue of the high number of judicial protection cases filed with the purpose of demanding the provision of health care. Consequently, the proposal supported the argument that the increased utilization of this type of judicial protection action in the health care field is the result of administrative failure by health care providers (EPS) to provide the treatments required by the patients. The foregoing is due to the fact that payments due to FOSYGA for high cost treatments and supply of NO-POS medications are not being made, which makes it necessary to resort to judicial action in order to ensure the rendering of these services and payment for said treatments. The goal of the project is to identify the causes that lead to the filing of judicial protection actions in order to guarantee the right to health coverage in the First Oral Administrative Court of the Barrancabermeja Circuit. To this end, it was then necessary to review the rulings in judicial protection cases available in the First Oral Administrative Court of the Barrancabermeja Circuit. Furthermore, the intervening causes in the reviewed cases were analyzed, and the rulings regarding these judicial protection actions were compared; establishing the connections to the various causes, and identifying prevalent factors regarding the common health care needs that are most frequently associated with this type of judicial action. Finally, actions are proposed oriented towards reducing the frequency of judicial protection filings in the area of health care, taking into account the issues which health care providers (EPS) should resolve in a timely manner. The research was conducted using a systematic approach, indirect observation and comparative analysis of the different factors that play a role in the filing of judicial protection actions that will guarantee the provision of appropriate health care