Decrees 170, 171, and 172/2024: Regulations on Social Works and Free Choice
Labor & Social Security Law Department Report
On February 21st, 2024, Decrees No. 170, 171, and 172 of 2024 were published in the Official Gazette, which will come into effect starting March 1st, 2024. In essence, the Decrees establish the following:
– National Health Insurances System: Private medicine entities are incorporated into the National Health Insurance System, and they must register in the corresponding registry.
– Right to freely choose health insurance: The titular affiliates of Health Insurance Agents may freely choose their health insurance among any of the entities included in the National Health Insurance System. Retirees and pensioners are excluded from this right of choice.
– Exercise of option right: The right to freely choose may be exercised within the period and according to the procedure determined by the Regulatory Authority, and it shall become effective from the first day of the following month after formalizing the request. The minimum term of affiliation shall not apply to those beneficiaries who have chosen a Private Medicine Entity.
– Benefits: Entities registered in the National Registry of Social Security must cover, at a minimum, the current Mandatory Medical Program (“PMO” due to its Spanish acronym) and the “Basic Services System for Comprehensive Habilitation and Rehabilitation in favor of Disabled People.” Prepaid medicine entities will offer their beneficiaries superior plans.
– Waiting period: The waiting period may only be established for access to benefits surpassing the PMO and, under no circumstances, may exceed 12 consecutive months from the beginning of the contractual relationship.
– Agreements: Health Insurance Agents governed by Laws 23.660 and 23.661 may enter into agreements aimed at establishing mechanisms to implement payment for services with providers within the public subsystem.
We remain at your disposal for any questions or inquiries.
Alvaro J. Galli
María Eduarda Noceti