Several private health insurers (Isapres) in Chile have begun revoking previously approved medical leave for public officials who traveled abroad, demanding the reimbursement of paid subsidies. The move, which involves re-evaluating original approvals, primarily affects employees who used these medical leaves to travel out of the country.
Banmédica confirmed it is implementing this measure following instructions from the Superintendency of Social Security. Meanwhile, the Association of Isapres clarified that this is not a widespread policy, but rather a decision made on a case-by-case basis by each insurer.
Legal dispute in Hualpén
The case gained public attention following a protection writ filed by Rodrigo Ferreira, a local police judge in Hualpén. The magistrate used medical leave from insurers Cruz Blanca and Banmédica to travel to Uruguay and Argentina.
As a result of this re-evaluation, the public offices of the officials flagged by the Comptroller General must reimburse the funds paid. In the specific case of Judge Ferreira, the amount to be returned totals 4.5 million pesos.
Criminal defense lawyer Remberto Valdés questioned the legality of the insurers' procedure. According to the attorney, the Isapres' actions lack legal grounds as they are attempting to unilaterally correct a prior decision.
“The legality of this procedure is questionable because, even if they were right, no one can take the law into their own hands,” Valdés stated. The lawyer added that an entity cannot nullify an act that has already provided a benefit to a third party without first seeking a judicial or administrative ruling.
The judge's legal action also targets the Municipality of Hualpén, which has already recovered part of the funds by withholding 50% of the official's salary. The protection writ has been admitted for processing by the Court of Appeals of Concepción.
