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the four keys of the decrees

Through three decrees, the President Javier Milei regulated the articles corresponding to the reforms that they deregulate social works unions and their free choicemeasures that had already been announced within the DNU announced at a press conference on December 20. The measure is known one day before the start of functions of the Bicameral Commission.

The measure will go into effect on March 1 and implies four changes for the health system:

  • The beneficiaries will be able freely choose between social and prepaid works.
  • The beneficiaries They will no longer have to remain affiliated with the social work of their activity for one year. when entering a new job.
  • The beneficiaries They will be able to choose a social or prepaid work when starting a new jobwithout any type of intermediation.
  • The beneficiaries may exercise the right to free choice once a yearat any time from the beginning of the employment relationship.

According to the official account of the Office of the President of the Argentine Republicthe measure has the objective of “remove the privilege of those intermediaries who force the beneficiaries to depend on the union administrationreturn freedom of choice to workers and promote free competition between social and prepaid works.

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Deregulation of social and prepaid works: what are the changes by decree

With the publication this Wednesday of Decree 171/2024the rule allows all members of the organizations detailed in article 1 of Law No. 23,660 to freely choose between the services they offer and those of the prepaid companies.

This includes:

  • Union social works;
  • Mixed administration institutes, social works, departments or organizations that have been created by laws of the Nation;
  • The social works of the central administration of the National State and its autonomous and decentralized organizations;
  • The social works of State companies and societies;
  • The social works of management personnel and professional business associations;
  • Social works established by agreement with private or public companies;
  • The social works of civil and military personnel of the Armed Forces, security, Argentine Federal Police, Federal Penitentiary Service and retirees, retirees and pensioners in the same area.

In addition to “free choice”, The decree modifies the “permanence period” of one yearthat Alberto Fernandez had been reinstated through Decree 438/21, and was applicable to the entire universe of affiliates.

The minimum period of permanence will not be applicable for those beneficiaries whobeing affiliated with a Health Insurance Agent, have chosen a Prepaid Medicine Entity as the provider of their medical coverage and it is registered in the Registries established in section b) of article 5 of Law No. 26,682 and in article 6 of Law No. 23,660. In this last case, they will be able to exercise the right to free choice towards that same Prepaid Medicine Entity,” states the decree known this Wednesday.

The Bicameral Commission begins to operate with a focus on Javier Milei’s DNU

The Bicameral Commission for Legislative Treatment of Congress will have its first meeting this Thursday at 12 noon, with the aim of beginning to work on the opinions of the Decrees of Necessity and Urgency (DNU) that drives the National Executive Branch. The most relevant, although the deadline for ruling on it has expired, is the one announced by Javier Milei last December 20.

The first steps that the commission will take have to do with the appointment of authorities, where it is expected that the senator from Rioja Juan Carlos Pagotto (Freedom Advances) be elected as the president of the space, made up of eight senators and eight deputies. Subsequently, they will deal with a series of decrees, among which they can only intervene in their form and not in their content.

The ruling party’s agenda will seek to prioritize the DNU that were issued by the previous administration but have not yet been processed, which according to records reach 175 decrees. For its part, Union for the Homeland (which has 6 of the 16 members of the Commission) will try to get the last one discussed DNU designed by the current President. In all cases, the deadline for ruling has expired, given that the constitutional limit is established at ten days.

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