Tutela and ways to claim the right to health
- System and programme
If an EPS refuses or delays a service, the user can complain to the EPS, complain to Supersalud, or go to a judge with a tutela action.
What it is
In Colombia the right to health is claimed through several routes. The first is a petition, complaint or claim to the EPS or IPS itself. The second is the National Health Superintendency, which receives PQRD and has judicial functions to decide certain disputes as a judge would (for example, refusal of services that puts health at risk). The third is the tutela action of article 86 of the Constitution, a preferential and summary procedure to protect fundamental rights, which a judge must decide within ten days at most.
How it is organised
- First step: a written petition or claim to the EPS or IPS, to leave a record.
- Second: a complaint to Supersalud or a request for its judicial function in the matters the law assigns to it.
- Third: a tutela action before a judge when a fundamental right is violated or threatened.
- The tutela ruling must be complied with immediately, can be appealed and goes to the Constitutional Court for possible review.
Worked example
- A made-up patient has a medical order for surgery; after 45 days the EPS has not authorised it.
- Day 1: he files a written claim with the EPS and keeps the filing number.
- Day 10: with no answer, he files a complaint with Supersalud through the PQRD channel.
- Because the delay threatens his health, he also files a tutela action; the judge must rule within 10 days at most.
- The judge orders the EPS to authorise the surgery within 48 hours; the ruling takes effect immediately.
Routes to claim the right to health
| Mechanism | Before whom | When it is used |
|---|---|---|
| Petition, complaint or claim | EPS or IPS | First step after a refusal, delay or poor treatment |
| PQRD to Supersalud | National Health Superintendency | When the EPS or IPS does not answer or fails to comply |
| Judicial function of Supersalud | National Health Superintendency, acting as a judge | Coverage disputes, refunds of emergency costs, multiple enrolment and other matters set by law |
| Tutela action | Any judge of the Republic | Violation or threat of a fundamental right |
Markers
- Tutela
- PQRD
- Supersalud
- Judicial function
- T-760/08
In practice
- A clear medical order, well justified in the clinical record, is the main evidence in a claim or a tutela.
- Emergency care is not conditional on prior administrative authorisation (Law 1751, article 14).
Reference norms
- Political Constitution of 1991, article 86: tutela action.
- Law 1122 of 2007, article 41 (amended by Law 1949 of 2019): judicial function of Supersalud.
- Law 1751 of 2015, articles 2 and 14.
- Constitutional Court, ruling T-760 of 2008.
Test yourself
Think of the answer, then tap the question to see it.
Which article of the Constitution contains the tutela action?
Article 86 of the Political Constitution of 1991.
How long does the judge have to decide a tutela?
No more than ten days may pass between the tutela request and its decision.
What special function does Supersalud have besides oversight?
A judicial function: it can hear and decide, with a judge's powers, certain disputes, such as a refusal of coverage that puts health at risk.
In broad terms, what did the Constitutional Court say in ruling T-760 of 2008?
That health is a fundamental right, that tutela is a suitable way to protect it, and it ordered the benefits plans to be updated and unified.
Connections
Educational content on epidemiological and statistical methods; the examples use made-up numbers to teach the calculation. Not a clinical or legal guide: current Colombian rules are in the official sources.
Sources: Constitución Política 1 de 1991 (Departamento Administrativo de la Función Pública, Colombia (Gestor Normativo), 1991); Ley 1122 de 2007 (Departamento Administrativo de la Función Pública, Colombia (Gestor Normativo), 2007); Sentencia T-760/08 (Corte Constitucional de Colombia, 2008); Supersalud PQRD (Superintendencia Nacional de Salud, Colombia, 2026).
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Representative model, for educational purposes only.