Del presunto conflicto de interés entre hospitales de primer nivel y alcaldías derivados de la ley 1797 de 2016 como afectación a principios de la contratación estatal

Abstract

Considering the legal responsability granted to mayors of contracting with state social enterprises “hospitals”, the collective interventions plan unterstood as a set of activities that contribute to make a positive intervention to the population´s health, and in the same order of ideas, hire the provition of health serivices for the uninsured poor population, and considering that the law 1797 of 2016 in its article 20 empowered the mayors to directly appoint the managers of the SSE without an exhaustive merit contest, is generated uncertainty regarding the strict acomplishment of the principles that guide public hiring, among wich it´s possible to highlighte the equality, transparency and objective selection. The refered principles can be affected in the stage of suscription, executions, supervision and settlement of the contracts signed between city halls and the SSE, every time the designation of the SSE´s manager and the health local director legally depend on the Mayor. The foregoing would lead to the preaching of an alleged conflict of interest given that the Mayor as president and member of the SSE´s board of directors, additionally participates in the evaluation of the of the manager´s managemen as a requirement of permanence in the position. In the same way, the principle of equiality in public hiring is affected by virtue of the preferential treatment that the law grants to SSE in contrast with private health institutions.