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Short Isapres law: mixed commission sends project to the Senate

The mixed commission formed to resolve the differences between deputies and senators regarding the short isapres law, concluded the review of the project, after which, the report of the instance must be reviewed again by the Senate and the Chamber, during the next week.

At the beginning of the session that began around 6:40 p.m., the legislators unanimously decided to group the regulations for subsequent voting, which was proposed by deputy Tomás Lagomarsino (ind.-PR) and supported by the rest of those present. in the commission.

The body was made up of deputies Gael Yoemans (CS), Ana María Gazmuri (AH), Andrés Celis (RN), Daniel Lilayú (UDI) and Tomás Lagomarsino, plus senators Sergio Gahona (UDI), Juan Luis Castro (PS), Francisco Chahuan (RN), Ximena Ordenes (ind.) and Javier Macaya (UDI).

Within the first group of articles to vote on, the regulations relating to the temporary Advisory Council were analyzed, which was supported by the unanimity of those present. This body will have the function of advising the Superintendency of Health in the process of presentation, evaluation and approval of payment plans by the isapres.

In the second group was the application of the table of factors and the payment plan of the private insurers, which excluded the term for payment of the debt, that is, the maximum date that the isapres will have to comply with the ruling of the Supreme Court. Except for the lapse, the rest was approved unanimously.

In a separate vote, it was supported that insurers pay what is owed to affiliates – after an indication from the Executive – within a period of 13 years, which was finally approved by 9 votes in favor and one against, by the socialist senator Juan Luis. Castro, who, although he did not open the debate to request a new vote, made it clear that another previously approved rule seemed reasonable to him, which stated that the payment had to be made in 10 years.

Although the term extends for 13 years, different formulas were established for the payment of debt to members. The maximum payment period for people over 64 years of age fell from 72 months to 60 months and for those over 80 years of age it remained at 24 months.

“Article 2, in short, what it does, is transcribe the ruling in the sense of how the single table of factors is applied and what is the mechanics in which the difference is established between the payments made by the people who had tables different from the single table of factors and what they had to pay according to the single table of factors. If this difference means that people should pay more, the price cannot be raised, as the court defined, and they should have paid less, the amounts that constitute excess charges must be established,” explained Minister Ximena. Aguilera at this point.

In the third point of the debate, several provisions were discussed – among them those that sanction the isapres for withdrawal of profits while the payment plan is being executed, readjustment of the Explicit Health Guarantees (GES) premium, among others -, the which was approved by 10 votes.

The last point, meanwhile, regarding the creation of Fonasa’s Complementary Coverage Modality (MCC) and the calculation of the Health Cost Index (ICSA) aroused differences among those present in the room. In that sense, Senator Juan Luis Castro (PS) requested that a separate vote be held regarding this last point, which did not obtain support within the commission, who relied on the unanimous agreement made at the beginning of the vote, for which did not open the debate separately.

This point was supported by eight votes in favor and two against, by Castro and Senator Ximena Órdenes.

At this point, Senator Castro accused an impediment to voting separately, maintaining regarding the ICSA that “what is being done here, when a law that has been in force for three years, for once an exception was made to which concurred. three months ago to establish a health CPI criterion, so to speak, which has a limit that at that time, it was argued ‘we are going to exclude the cost of the new benefits and the variation in the frequency in the use of the Fonasa benefits of free choice’”.

“The truth is, I cannot understand nor do I know how because this is a price adjustment for people. Here a cap of 7.4 is being set, for three more years, which is the cap, not the average, which will leave the isapres under a condition of exception again. The Isapres are very happy with this rule and I am surprised that the forces of the ruling party bow down on their knees, to give this forgiveness that means in practice, a price readjustability, elevated with all the exceptionality of the year 2024 carried over to the end of 2027 under equal conditions. “Who wins with that: the isapres or the people?” questioned the legislator.

After the office, the president of the Senate, José Garcia Ruminot, He summoned a special session for next Monday, from 2 to 4:30 p.m., to continue processing the project and next Tuesday the Lower House room will see it.

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