THE SHORT ISAPRES LAW AND EXCLUSION OF MUTUAL FINANCING

Authors

  • Rafael Plaza-Reveco University of Chile
  • Camilo Aguilera-Ramirez University of Chile

DOI:

https://doi.org/10.29393/RD256-4LCPA20004

Keywords:

Health care providers (ISAPRES), ISAPRES short term act, Mutualization, Risk factors table, Health benefits, Solidarity

Abstract

This research addresses how the ISAPRES Short Law makes possible to comply with November 2022 Supreme Court´s rulings which compel ISAPRES to apply the Health Authority´s "Single Table of Factors" and to reimburse affiliates excess charges derived from using their own tables of risk factors, and compares it against a different mechanism to afford financial costs associated to high risk factors: the mutualization. The research delves into the viability and implications of mutualization as an alternative to finance health benefits and contributes to public debate and decision-making processes regarding potential long-term or structural reforms to the private health system and equitable access to health benefits and financing ideas based upon the principle of solidarity.

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Author Biographies

Rafael Plaza-Reveco, University of Chile

Associate Professor, Department of Economic Law, Faculty of Law, University of Chile (UCH). PhD and Master of Laws, Melbourne University (UNIMELB), Australia. Master of Laws, New York University (NYU). Bachelor of Law and Social Sciences, University of Chile (UCH), Santiago of Chile.

Camilo Aguilera-Ramirez, University of Chile

Graduate in Legal and Social Sciences, University of Chile, Candidate for Master of Laws, University of Chile (UCH). Teaching Assistant, Department of Economic Law, Faculty of Law, University of Chile (UCH). Teaching Assistant, Department of Public Law, Faculty of Law, University of Chile (UCH), Santiago of Chile.

Published

2024-12-31

How to Cite

Plaza-Reveco, R., & Aguilera-Ramirez, C. (2024). THE SHORT ISAPRES LAW AND EXCLUSION OF MUTUAL FINANCING. University of Concepción Law Review, 92(256), 89-116. https://doi.org/10.29393/RD256-4LCPA20004

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