Decree reforming, adding and repealing various provisions of the Fiscal Coordination Law and the General Health Law, to consolidate the federalization of the health system for welfare

DOF: 03/01/2024

DECREE reforming, adding and repealing various provisions of the Fiscal Coordination Law and the General Health Law, to consolidate the federalization of the health system for welfare

In the margin a seal with the National Shield, stating: United Mexican States.- Presidency of the Republic.

ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, to its inhabitants know:

That the Honorable Congress of the Union has seen fit to send me the following

DECREE

" THE GENERAL CONGRESS OF THE UNITED MEXICAN STATES, D E C R E E S :

VARIOUS PROVISIONS OF THE FISCAL COORDINATION LAW AND OF THE GENERAL HEALTH LAW ARE REFORMED, ADDED AND REPEALED, TO CONSOLIDATE THE FEDERALIZATION OF THE HEALTH SYSTEM FOR WELFARE

First Article.- Article 29 is reformed; and two final paragraphs are added to Article 25 and two final paragraphs to Article 30 of the Fiscal Coordination Law, to read as follows:

Article 25.- ...

I. to VIII. ...

...

...

The federal entities that do not sign the agreement mentioned in Article 77 bis 16 A, of the General Health Law, shall be subject to the provisions of this Law, regarding the Fund for Contributions for Health Services.

In the case of the federal entities that sign or have signed the agreement provided for in Article 77 bis 16 A of the General Health Law with Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) they shall receive the amount of resources corresponding from the Fund for Contributions for Health Services, in order to allocate it to the obligations they retain in terms of the General Health Law, in accordance with what is indicated in the aforementioned agreement.

Article 29.- With charge to the contributions from the Fund for Contributions for Health Services corresponding to the federal entities that do not sign the agreement provided for in Article 77 bis 16 A of the General Health Law with Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR), they shall exercise the powers that correspond to them in terms of the General Health Law.

Likewise, said Fund shall be applicable for the federal entities that sign or have signed the aforementioned coordination agreement, in terms of what is indicated in the last paragraph of Article 25 of this Law.

Article 30.- The amount of the Fund for Contributions for Health Services shall be determined each year in the corresponding Federation Expenditure Budget, exclusively from the following elements:

I. to IV. ...

To determine each year in the Federation Expenditure Budget the amount of the Fund for Contributions for Health Services, regarding the entities referred to in Article 25, last paragraph, of this Law, the resources and, where applicable, the positions that, during the fiscal exercises prior to the one being budgeted, have been transferred or moved from General Branch 33 to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) due to the coordination agreements entered into with the federal entities in terms of Article 77 bis 16 A of the General Health Law, shall not be considered as part of the elements referred to in the previous paragraph.

The amount corresponding to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) in terms of the coordination agreements that it signs with the federal entities in accordance with the provisions of Article 77 bis 16 A of the General Health Law, shall be assigned from origin in the Federation Expenditure Budget to said organism, except for the amounts corresponding to the provisions of the last paragraph of Article 25 of this Law.

Second Article. The second, current third, fourth and seventh paragraphs and sections I and II of the current fifth paragraph, of Article 77 bis 16 A are reformed; the third and fifth paragraphs are added, moving the subsequent ones, to Article 77 bis 16 A, and the second paragraph of section II bis, of Article 3o.; and section III, of Article 7o. of the General Health Law are repealed, to read as follows :

Article 3o.- ...

I. and II. ...

II bis. ...

Repealed.

III. to XXVIII. ...

Article 7o. ...

I. to II Bis. ...

III. Repealed.

IV. to XV. ...

Article 77 bis 16 A.-

...

In the case referred to in this Article, the federal entities must deliver to the public trust without organic structure mentioned in Article 77 bis 29 of this Law, the resources indicated in Articles 77 bis 13 and 77 bis 14 of this Law, as well as their own or freely disposable resources that cover the payment of personal services and health care operation, in terms of what is indicated in the respective coordination agreements.

The Federation Expenditure Budget shall provide each year for Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR), the amount corresponding to it in terms of what is established in the coordination agreements referred to in this Article.

The resources corresponding to the federal entities in terms of the provisions of Article 25, section II, and last paragraph, of the Fiscal Coordination Law and that according to the coordination agreements referred to in this Article are destined to complement the payment of personal health care services, these must be transferred together with the financial returns that have been generated, to the public trust without organic structure mentioned in Article 77 bis 29 of this Law within five business days counted from the business day following the day they receive them from the Ministry of Finance and Public Credit, the foregoing for purposes of the provisions of Article 49, second paragraph, of the Fiscal Coordination Law. Said resources must be identified in the aforementioned Fund in individual sub-accounts corresponding to each federal entity.

In the agreements, provisions shall be established that regulate the transfer to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR), of the positions in which it complements the payment of services, in terms of the applicable legal provisions.

The federal entities shall verify the exercise of the resources of the Fund for Contributions for Health Services and the respective interests that are delivered in terms of the fourth paragraph of this Article, with the documentation that accredits the contribution of the same to the aforementioned trust, the foregoing, for purposes of the established in the Fiscal Coordination Law, in the General Government Accounting Law, and in the other applicable provisions.

The coordination agreements through which the relative to this Article is formalized shall be entered into based on the technical analysis prepared by Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR); and in the terms of the regulatory provisions they must contemplate at least:

I.

Criteria relative to the transfer of human, material and financial resources object of the coordination agreements;

II.

Labor regime, including, among others, that relative to the remunerations that the personnel object of the coordination agreements shall observe;

III. to VI. ...

...

The federal entities shall be responsible for carrying out all necessary acts so that the human, financial and material resources, as well as the real estate, object of the coordination agreements, are free of liens, encumbrances or pending obligations of any nature. In no case may Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) assume the fulfillment of obligations acquired by the federal entities prior to the execution of said agreements.

Transitional Provisions

First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.

Second. To comply with the provisions of this Decree, the Coordination Agreements for the Integral Decentralization of Health Services shall become without effect in those federal entities that have signed or that sign the Coordination Agreement with Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) referred to in Articles 77 bis 6 and 77 bis 16 A of the General Health Law.

Third. Regarding the 2024 fiscal exercise, Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) no later than March 31, 2024 must carry out the respective reconciliations, count with the opinion of the Ministry of Finance and Public Credit, and modify the coordination agreements that it has signed in the 2023 fiscal exercise with the federal entities in terms of Article 77 bis 16 A of the General Health Law, in order to adapt them to the provisions of this Decree. Once said agreements are modified, it must manage in terms of the applicable provisions before the Ministry of Health and the Ministry of Finance and Public Credit the respective budgetary adjustments in order to carry out the transfer of resources corresponding from General Branch 33 to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR), remaining the Ministry of Finance and Public Credit empowered to authorize the corresponding adjustments.

In this case, Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR), shall be responsible for the exercise, administration, application, verification, transparency, and accountability of these resources.

Fourth. The federal entities that sign the coordination agreements referred to in Article 77 bis 16 A of the General Health Law shall continue receiving the resources of the Fund for Contributions for Health Services linked to workers who have social security regimes not compatible with the Social Security Law and the Law of the Institute of Security and Social Services for State Workers. The federal entities must transfer said resources together with the financial returns that have been generated, to the public trust without organic structure mentioned in Article 77 bis 29 of the General Health Law within five business days counted from the business day following the day they receive them from the Ministry of Finance and Public Credit, the foregoing for purposes of the provisions of Article 49, second paragraph, of the Fiscal Coordination Law. Said resources must be identified in the aforementioned Fund in individual sub-accounts corresponding to each federal entity.

The federal entities shall verify the exercise of the resources of the Fund for Contributions for Health Services and the respective interests that are delivered in terms of the previous paragraph, with the documentation that accredits the contribution of the same to the aforementioned trust, the foregoing, for purposes of the established in the Fiscal Coordination Law, in the General Government Accounting Law, and in the other applicable provisions.

Fifth. In terms of the coordination agreements referred to in Article 77 bis 16 A of the General Health Law, the federal entities shall continue delivering their own resources for the provision of health services to the Health Fund for Welfare.

Sixth. The Ministry of Finance and Public Credit is empowered to make the modifications that result necessary to the expenditure calendars referred to in Article 44, last paragraph of the Federal Budget and Fiscal Responsibility Law to comply with the established in this Decree.

Seventh. The individual labor rights of the workers that due to this Decree are transferred to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) shall be respected in terms of the applicable provisions.

Eighth. The Dependencies and Entities of the Federal Public Administration are empowered so that in subsequent fiscal exercises they carry out the necessary budgetary adjustments in terms of the applicable provisions, so that the resources corresponding from General Branch 33 are transferred to Health Services of the Mexican Social Security Institute for Welfare (IMSS-BIENESTAR) in those cases in which a federal entity signs the coordination agreement referred to in Article 77 bis 16 A of the General Health Law with a date after the entry into force of this Decree.

Ninth. The expenditures that are generated due to the entry into force of this Decree, shall be covered with charge to the authorized budget of the corresponding expense executors.

Mexico City, December 12, 2023.- Sen. Ana Lilia Rivera Rivera, President.- Rep. Marcela Guerra Castillo, President.- Sen. Verónica Noemí Camino Farjat, Secretary.- Rep. Brenda Espinoza Lopez, Secretary.- Signatures."

In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, on December 27, 2023.- Andrés Manuel López Obrador.- Signature.- The Secretary of the Interior, Luisa María Alcalde Luján.- Signature.

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