Labour law and public law at the Colombia’s medical residency

Abstract

Law 1917 of 2018 created the National System of Medical Residences, which regulates everything related to the benefit situation and the conditions in which residents, that is, those who are completing their studies in medical specializationwill carry out their training in health care institutions (IPS). Essentially, the standard has two fundamental aspects: the contract for the training of residents concluded between the resident and the IPS; and the fund for its financing, administered by the Administrator of the Resources of the General Health Social Security System.

As it is a sui generis situation that does not have a national legislative precedent until the issuance of the law in 2018 -a rule that would later be regulated by resolutions and that would be the subject in June 2020 of the issuance of an operational manual of the Ministry of Health, It is therefore important to determine the legal nature of the

special contract and the financing fund. To do this, a hermeneutic method was used that starts from the analysis of the background of the norm from the Latin American and local experiences. From this, the characteristics of the scheme were identified and the special contract financed essentially by the State was characterized under the current law, the regulations and the operating manual. In addition, special State procurement schemes are categorized under four criteria: (i) by fund, (ii) by entity, (iii) by sector and (iv) by contract. Finally, it will be concluded that both the special contract and the fund that will allow its financing are special procurement regimes.