Colombian - Resolution 35379 of 2025: Joint Negotiation of Health Technologies

Through Resolution 35379 of 2025, the Superintendence of Industry and Commerce (SIC) authorized an agreement among nine intervened health insurers (EPS) to jointly negotiate the acquisition of Health Technologies (HTs)—including medicines, medical devices, and foods for special medical purposes.

The measure aims to improve access to medicines amid a significant increase in complaints related to drug delivery.

A New Negotiation Model for the Healthcare Sector

Under this model, pharmaceutical benefit managers will focus primarily on logistics and pharmacovigilance activities. As a result, pharmaceutical companies must adapt to new contractual, regulatory, and operational requirements, including compliance with:

• EPS contracting regulations

• Individual Health Services Records (RIPS)

• Electronic invoicing

• Rules governing returns, claims, and responses

1. Key Features of the Authorized Agreement

• Joint negotiation, not joint purchasing: no common payment fund; collective review of volumes and contractual clauses.

• Phased implementation:

  1. High-cost medicines

  2. Medical devices and FSMPs

  3. Low-cost or generic medicines

• Reduced intermediation, with direct contracting between EPS and laboratories or logistics operators.

• Negotiations may be open (tenders) or closed.

2. Who May Participate?

• Initially, nine intervened EPS participate.

• Non-intervened EPS may join if they:

  • Are not subject to liquidation

  • Execute confidentiality agreements

  • Refrain from offering service levels to attract members

  • Comply with competition rules

3. Duration and Effective Date

• Term: one (1) year, renewable for an additional year.

• Start date: upon execution of the first procurement contract.

• A pre-contractual phase applies and is excluded from the term.

4. Expected Benefits

• Cost reduction through direct procurement

• Improved supply and territorial coverage

• Greater transparency and traceability

• Fewer complaints and legal actions

• Strengthened sustainability of the healthcare system

5. How Should Laboratories Prepare?

Laboratories should focus on:

1. Strengthening EPS contracting processes

2. Ensuring compliance with RIPS and electronic invoicing

3. Understanding rules on returns, claims, and responses

   
   

Conclusion

Resolution 35379 of 2025 introduces a structural change in healthcare procurement in Colombia. Early preparation and strong compliance frameworks will be essential for suppliers seeking to operate effectively under this new model.

WRITTEN BY: LINA DÍAZ

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