When does a tutela action for protection in health care proceed?
The tutela action proceeds when there is a need for immediate protection of fundamental rights in the face of action or omission of an authority or private individuals in the cases provided for, for example, EPS or IPS. In the tutela action, it must be demonstrated that there is a violation or threat to fundamental rights, such as the denial of services [...].
How to file a complaint with the National Superintendence of Health and why file a complaint?
In case the EPS or IPS denies or delays services, interrupts treatments, does not deliver medicines, fails to comply with medical orders or when there is a pattern of administrative barriers, a complaint can be filed with the National Health Superintendence. To do so, the following link is available: https://superargo.supersalud.gov.co/2/formularioWeb/pqrd.php. There he, she or he [...]
Does the right of petition replace or is it a prerequisite for tutela?
No. If there is urgency or risk, you can go straight to guardianship.
What is the right to petition in health?
The right to petition in health is used to demand a clear, substantive response within 15 working days or 10 working days when requesting documents or information. You can request the delivery of medical records, explanations of why services are denied, scheduling, authorisation, route information or correction of data [...].
What do I do if an EPS or IPS denies or delays appointments, medicines or procedures without justification?
Requests that the refusal be put in writing and files a right of petition requesting: The decision. The specific reason. The rule or criterion invoked. The escalation route (committees, audits or responsible body) (Law 1755 of 2015). In this right of petition you can ask for immediate measures such as a priority appointment, delivery of the medicine, continuity [...].












