(Pontificia Universidad Católica del Perú, 2024-09-20) Linares Tenicela, Rony; Sihuas Baltodano, Fabricio Stefano
The purpose of this article is to briefly describe the main administrative health offences related to medical care. However, to achieve this objective, it is first necessary to make a brief reference to the foundations of SUSALUD’s sanctioning power, pointing out the main characteristics of the sanctioning procedure and the bodies involved in its processing. Subsequently, the main infractions will be analyzed considering the legal, doctrinal in some cases and medical grounds that support each of them, mentioning some examples for the reader’s understanding. Finally, mention will be made of the main errors committed at the time of filing complaints, as well as the possibility of using other alternative mechanisms for the resolution of controversies, all of this respecting the objective of the present work, which is to make the sanctioning procedure known as the protection of health rights.
(Pontificia Universidad Católica del Perú, 2024-09-20) García Ascencios, Frank; Ocaña Cerro, Mayra
The National Superintendence of Health (Susalud) is the specialized technical agency attached to the Ministry of Health, which is in charge of promoting, protecting and restoring the rights to health services, with quality, opportunity, availability and acceptability. In order to fulfill this purpose, Susalud has the sanctioning power, therefore, it manages the administrative sanctioning or trilateral sanctioning procedure against Health Service Provider Institutions (IPRESS), Health Insurance Fund Administration Institutions (IAFAS) and Health Service Provider Management Units (UGIPRESS). However, Susalud has several contingencies in the charging of the accused, a fact that causes the sanctioning procedures to suffer from defects of nullity from the charging stage, affecting the accused and the complainants, who suffer the legal consequences of a bad start of the procedure. This work collects and develops the most frequent errors in the imputation of charges in Susalud.
