ADRES budgets for traffic accidents
Francisco Jose Garcia Lara
Surgeon and Master in Health Administration
from the Javeriana University
Columnist of the newspaper La Nación de Neiva
When buying a Compulsory Traffic Accident Insurance (SOAT), a part of what is paid is transferred to the administrator of the resources of the Social Security in Health (ADRES)  With the money received, medical expenses are paid. surgeries, compensation for death, funeral expenses and transportation expenses for victims of traffic accidents involving ghost vehicles, vehicles without SOAT (including fake ones) and expenses when the limit covered by the aforementioned insurance has been exceeded. Additionally, this item also pays attention to victims of terrorist acts and catastrophic events.
In order to carry out this blog, the ADRES was requested, through the right of petition , for information on the amounts collected between 2016 and 2020, without obtaining a response within the time established to send the information. Therefore, a tutela action and the presentation of an incident of contempt  were necessary, finally obtaining the answer . Likewise, another right to petition was sent to the Ministry of Finance, which was sent to the ADRES and responded to by this administrator, without requiring guardianship .
In the information sent by the ADRES, it is found that the collection for the percentage received for the purchase of SOAT, destined for the Mandatory Traffic Accident Insurance Fund (FONSAT ) from 2016 to 2020 is as follows:
However, in the information sent by ADRES, it was reported that the collection in the same years is as follows:
The figures for the years 2018 to 2020 coincide with the budget executions of the ADRES . It is important to specify that as of 2017 these monies are administered by ADRES. Before that year they were in charge of the Solidarity and Guarantee Fund (FOSYGA).
From the above figures, it can be inferred that there is a surplus that comes from the years prior to 2017, since, according to the information received, the amount collected is higher than the amount budgeted each year, so this must be the reason for the difference.
Once we have the revenue figures and the budgeted values each year, then we show the amounts executed, that is, what was actually spent on traffic accidents from 2016 to 2020:
As explained before, care for catastrophic events or terrorist acts are also paid from the same item, and taking into account the above, the expenditure executed and charged to this item between the years 2018 and 2020, in accordance with the information provided found on the ADRES page, is the following:
From the above figures, it is striking that the value executed for traffic accidents found on the ADRES website for the year 2020 is $109,298,684,800, a figure significantly lower than that reported in the response to the right request: $434.897.782.921. In fact, the figure reported by ADRES is also much higher than the total execution of the item ($112.268.545.211), which can be found on the entity's website.
Taking into account that budget execution is real information on what was actually spent as of December 31, 2020, we consider that this should be the figure to take into account.
The destination of surpluses
In the response of the ADRES to the questionnaire that was initially sent to the Ministry of Finance, they reported that the surpluses of the FOSYGA, that is, prior to the start-up of the aforementioned administrator, were destined to meet the insurance costs in the transition period in the that ADRES assumed the responsibilities of the aforementioned fund.
In the same document, it is also indicated that the surpluses are destined for the sustainability and affiliation of the poor and vulnerable population insured through the Subsidized Regime. Only in the case that the insurance is guaranteed, said surpluses may be used to finance other public health programs, attend the initial emergency care provided to Colombian nationals in foreign territory in border areas with Colombia and / or or the initial emergency care provided in Colombian territory to nationals of border countries.
As a complement to the foregoing, in the letter of response to the right to petition submitted directly to the ADRES, it is stated that in accordance with the provisions of articles 66 and 67 of Law 1753 of 2015 (Development Plan 2014-2018), ADRES monies, except those belonging to territorial entities, form a cash unit, that is, they are all incorporated into a single common bag and may eventually, and temporarily, be used for any of the obligations of said administrator.
In accordance with the figures shown, the ADRES, from its start of operation to date (2018 and 2020), received higher income from the SOAT contribution, compared to the expenses incurred to attend traffic accidents, catastrophic events and terrorist acts. , as shown below:
The previous figures show that in three years there is a difference or surplus for $663,135,392,712. Likewise, as shown before, there would be surpluses that come from the FOSYGA, which are budgeted annually but not executed.
According to legal regulations, these surpluses could be spent on other ADRES responsibilities, and by making a cash unit as already explained, they may be temporarily financing other items within the same entity.
It is striking that a guardianship action and an incident of contempt are required to obtain the information from the ADRES, and even more, that part of this information does not coincide with the values found in the budget executions published on the page website of the entity itself.
In conclusion, ADRES has sufficient resources to pay attention for traffic accidents, catastrophic events and terrorist acts, to the point that it generates surpluses, comparing the collection of the contribution for the purchase of the SOAT and the expense for these concepts.
In relation to the audited and the specific items of expenditure, for reasons of space, they will be the subject of analysis in a following blog.
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1. For better information on the SOAT percentages allocated to these payments, we suggest reviewing the following: number 1, literal a) of article 199 of Decree Law 663 of 1993, literal a) of article 223 of Law 100 of 1993 and article 113 of Decree Law 019 of 2012.
2. File CAS-256580-S6Y7B8 of May 27, 2021.
3. Guardianship judgment dated August 3, 2021, filed process No. 11001 31 09 029 2021 000186 00, issued by the 25th criminal circuit court with a hearing function in Bogotá.
4. The information was finally received by official letter 20211600423701 dated August 18, 2021, signed by Mauricio Ramírez Espitia, director of other benefits of ADRES
5. Answered by official letter 20211800302761, signed by Carmen Rocío Rangel, ADRES director of financial resources management for health.
6. Created by decree 1032 of 1991, modified by decree 3990 of 2007.
7. It can be found at the following electronic address: https://www.adres.gov.co/nuestra-entidad/informacion-financiera/unidad-de-recursos-administrados-ura/presupuesto