Muface’s future is becoming less and less clear. Although the Ministry of Public Service assures that attention to mutualists is guaranteed until the express call for tenders on which the ministry is working is launched (if this is the case), current legislation does not go in this direction.
Indeed, according to law firms and insurance sector sources consulted in the strict sense of the legal texts, Muface healthcare expected to be suspended in Februaryas SegurCaixa Adeslas and DKV indicated in their communications to mutualists.
Because? The devil is in the details. The government’s delay in approving the call for tenders for the 2025 and 2026 concerts (which remained void), which it only did on October 8, prevented compliance with legal deadlines that would allow the automatic extension of Muface’s health contracts.
The law on public sector contracts stipulates that, for the automatic extension to be activated, it is necessary that the new call for tenders which serves to renew a service provision be presented or approved three months before the expiration of said service, he explains. Eduardo de Leonpartner at Araoz & Rueda Abogados and public procurement specialist.
In Muface’s case, that didn’t happen. The concert ends on December 31 this year and the new tender (which was void) only received the green light from the Council of Ministers on October 8. That’s to say, less than three months.
“Insurers would not be obliged to extend their service because the three months are not respected», confirms De León.
This explains the decision of insurers SegurCaixa Adeslas and DKV to send Muface users they serve a statement warning them that their services would end on January 31.
However, this does not mean that the Executive will not count with tools to force insurers to continue providing health care beyond the legal deadlines set by the current Muface contracti.e. January 31.
“The Administration orders and may impose the extension“, indicates the lawyer. “It may be the Minister through an order, a decree or a resolution to extend the contract. Indeed, in administrative contracts, the Administration has certain powers of interpretation of the contract.
Thus, the ministry led by Óscar López “could impose” the extension of the Muface health service, which would be for a maximum duration of nine months (or until the new call for tenders closes).
In this case, the path that would be left to insurers would be to “contest” the ministerial decisionalthough De León excludes that the judicial decision was taken in time. They could also “claim corresponding compensation in the event of “economic imbalances” between the provision of the service and the payments received during the extended period.
Asked about this question and whether it intends to take the above-mentioned measures, the Civil Service prefers not to give an evaluation on this question.
They insist that there are formulas within the “public sector procurement mechanisms» to force the extension of Muface.
Asisa, waiting
For now, Asisa will not send any communication about the end of its services to Muface users, as SegurCaixa Adeslas and DKV have done. The company is waiting to know the new call for tenders that the Government will have to announce after December 4 (it is currently receiving the economic information requested from insurers).
Asisa sources indicate: “We hope to be able to attend the next call for tenders and continue to serve our mutual societies as we have always done.”
