Ayuso-Liguori Marriage achieved a response porteña justice after a year of struggle to become parents. The House on Administrative Disputes of Tax and Capital Projects provided that the City of Buenos Aires will pay an in vitro fertilization treatment, despite the fact that this practice is not included within the Compulsory Medical Plan benefits which should cover business prepaid medical and welfare services.

The second instance of failure of justice portena opens the way for similar presentations of Public employees of the city. In the civil justice system does not there is a bug chamber similar to compel others to perform these social practices.

“We are pleased with the good news because it was finally recognized our right to health. This is a problem for which medicine has a solution, with scientifically proven techniques and treatments. The only obstacle is that no social security cover, “said Marcelo Ayuso after learning the court decision (see separate article).

The ruling was signed by the comrades Nélida Daniele Russo and Eduardo, for most, while his colleague Stephen Centanaro voted in dissent.

The judges upheld the ruling of first instance Judge Patricia Lopez Vergara and understood that what is at issue is the right to health, which is undermined by the inability to fertilize. “The inability to procreate is a defect that can affect real and effective quality of life, and that reproductive health involves the psychological health of both spouses, as well as their right to procreate,” said the judges, and mentioned that this concept is consistent with promoting the World Health Organization.

In addition, the law of the city is promoting maternal responsibility, and therefore can not believe that reproductive rights are applicable only to those able to procreate.

Echoed by the judges to say that the Compulsory Medical Plan does not mention this feature and nor do the laws of social work, pre-medicine and the national health system, and there are no rules in Argentina covering the topic, despite the number of bills awaiting review in both houses of Congress.

The court stated that the source of protection of the health status of women are human rights that are implicit in his person. The only limitation would have the treatment, he explained, is that their cost will affect the right of the rest of the membership of the social work.

In dissent

The judge Centanaro, for his part in voting in the minority, opposed to the social work covering the treatment of assisted fertilization, as understood that the coverage is not included within the Compulsory Medical Plan, which is not the appeal the way to resolve the issue, and argued that there is insufficient evidence to support the indication of treatment demanded by the marriage. The judge did not dispute that the right to health is constitutional and that infertility is an issue that affects, but it does not follow that the social work be in charge of processing requests.

Centanaro stressed that it is necessary to assess the economic impact that this decision could have on the financing of the health system.

Also, understand that this move implies that it has no powers on the court but the legislature must develop the standard. This would move further on the division of powers, he said.

The issue of whether or not infertility is a disease is the product of debate medical, legal and parliamentary. Advanced fertilization treatments are not included in the Compulsory Medical Plan and the majority of social work and does not cover prepaid. Your cost may vary between 7000 and 14,000 pesos.

It is estimated that every year are born in the country between 1500 and 3000 kids through the various techniques of assisted fertilization.

Here, for 21 years, there is a legal vacuum in this respect, and with costs that have fertility treatment are reserved for a wealthy class. According to experts from institutes of fertilization, more than 50 percent of patients who need it can not afford the high costs for their practices.

By Hernan Cappiello
From the editors of La Nacion

Pharmacies platense from yesterday suspended coverage of IOMA drug plans cover 100 percent of the Mammy, to pregnant women and infants, the Ser, which is given to women of reproductive age and normed , which are not included in special programs. “The measure is taken because we are tired of knocking on doors to tell the truth and our backlog is very large, must be part of November and December, that’s about 8 billion pesos,” said German Paggi, president of The College of Pharmacists Silver.

Néstor Luciani, president of the College of Pharmacists of the Province, said that the protest action of their peers platense occurs through dialogue in the negotiation is carried out with the authorities of IOMA to find ways to settle debts . “We hope to receive a proposal next Friday,” said Luciani.

Paggi noted that the Pharmacy of the silver serving 30 percent of sales of IOMA and claimed that the debt was contracted between the months of November and December, “we are valuable to demand answers, we need to know what is going on with this agreement” he said.

In this context, the authorities of the College of Pharmacists of the Province were expressed optimism, “we want to inform pharmacists of the silver we are at the negotiating table,” said Luciani, they do what they think fit, but while there is dialogue always feasible to reach agreement and with that will benefit most members of IOMA.

About whether the protest of platense hinder dialogue, the leader said: “a IOMA does not like this kind of attitude.”

In a statement to the authorities of the social work made it known that “are guided forms of payment for their time, as well as agreeing on the general provisions governing the agreement” and announced sanctions against pharmacies that violate the convention force. Moreover, it was pointed out what will happen to members who have had to pay 100 percent of medications, although he predicted that “refunds will be paid as did any chance to tariffs doctors.”

The owner of the local school said that the late governor of the province, Daniel Scioli, acknowledged the problem and would have instructed the authorities of the Economy to meet the payments, “if the money does not reach for April 8, it looks to cut total benefits after 10 days, “he concluded.

Paggi considered that the problem is not only economic but also health of the root that neglect patients may suffer from various diseases, “we provide, we want to pay us,” he said, while also agreed that the compliance was measured from local professionals.

Since IOMA spokesmen consulted reported that negotiations continue with the representatives of the College of Pharmacists of the Province and not those of the College of La Plata, and in relation to the sanctions that would apply to those who have cut the coverage of the various plans, indicated to be analyzed within the anticipated convention.