Healthcare Services Agreement Colombia (Contrato de Servicios de Salud)

The Healthcare Services Agreement in Colombia is the agreement by which a healthcare professional or Institución Prestadora de Servicios de Salud (IPS) undertakes to provide medical, nursing, therapy, psychology, dentistry, or other healthcare specialty services to a patient or corporate client in exchange for agreed fees or rates. This contract operates within a particularly sensitive regulatory framework: Ley 100 de 1993 (Sistema General de Seguridad Social en Salud), Ley 23 de 1981 (medical ethics and physician responsibility), Resolución 1995 de 1999 (clinical records), Decreto 780 de 2016 (Decreto Único Reglamentario del Sector Salud), and Ley 1751 de 2015, which establishes health as a fundamental autonomous right.

In Colombia, healthcare service providers can be: independent professionals (general physicians, specialists, dentists, psychologists, physiotherapists, speech therapists) attending patients privately; Instituciones Prestadoras de Servicios de Salud (IPS) such as hospitals, clinics, medical centers, clinical laboratories, and telemedicine companies; and non-conventional healthcare providers (alternative medicine, chiropractic). All must be authorized before the departmental or district Secretaría de Salud under the Sistema Único de Habilitación (Resolución 2003 de 2014 of the Ministerio de Salud y Protección Social).

The healthcare services contract has special characteristics distinguishing it from other services contracts: (i) it is a results contract when the professional commits to a specific outcome (cosmetic surgery, complete dental treatment), but a means contract when the obligation is diligence and medical care (treatment of chronic diseases, high-risk surgeries); (ii) the patient's informed consent is an indispensable legal requirement for medical and therapeutic procedures, not merely a best practice; (iii) clinical record management is regulated by Resolución 1995 de 1999 with minimum conservation periods of 15 years; and (iv) medical liability in Colombia is governed by civil and commercial rules on extracontractual or contractual liability, applying a slight negligence standard to healthcare professionals.

The forms-legal.com template covers the most common private health services: home medical consultations, telemedicine, psychological consultations, physical and occupational therapy, clinical nutrition, cosmetic and preventive dentistry, home nursing and palliative care. The contract includes informed consent obligations, clinical record management, medical confidentiality, professional liability limitations, and the personal data protection framework for patient health data under Ley 1581 de 2012 and Decreto 1377 de 2013, noting that health data is sensitive data with reinforced protection.

The Healthcare Services Agreement in Colombia is necessary in the following scenarios: when an independent healthcare professional (physician, psychologist, physiotherapist, nutritionist) provides services to private patients outside the Sistema General de Seguridad Social en Salud (SGSSS); when a company contracts occupational health, occupational medicine, or organizational psychology services for its employees with an IPS or independent professional; when a private IPS formalizes service delivery conditions with patients paying out-of-pocket (without EPS coverage); when telemedicine or teleconsultation services are provided through digital platforms; and when home care services (nursing, therapy, or palliative care) are contracted for patients with chronic diseases or post-surgical recovery.

The contract is also essential for cosmetic medicine clinics, nutrition and wellness centers, and private psychology and psychiatry practices that want to formally document treatment conditions, informed consent, fees, and appointment cancellation policies. Any provider offering subscription-based health services or multi-session treatment programs should use a written contract to define deliverables, payment terms, and the client's rights under Ley 1480 de 2011 consumer protection rules.

The Healthcare Services Agreement in Colombia must include the following elements to be valid and to comply with Colombian health regulations and consumer protection rules:

**Provider identification and accreditation.** Full name or company name of the professional or IPS, valid professional license number (Ley 23 de 1981 for physicians; specific regulations for each health profession), registration and accreditation before the Secretaría de Salud (habilitación number for the specific service), specialty or authorized services, and address of the authorized clinic or facility. Provider accreditation is fundamental to contract validity.

**Patient or corporate client identification.** Full name, national ID, date of birth, biological sex, blood type (optional), contact details, EPS to which the patient is affiliated (even if the service is private), and emergency contact or responsible person in case the adult patient requires a companion. For corporate clients, data of the legal representative and the group of beneficiary employees.

**Description of services.** Detailed specification of the service: medical consultations (number and frequency), procedures or interventions (with description, risks, and benefits), therapies (number of sessions, frequency, duration per session), diagnostic tests, and follow-up or teleconsultations. The description must be detailed enough for the patient to understand exactly what they will receive.

**Informed consent.** Informed consent section in which the patient declares: (a) having received clear, understandable, and sufficient information about the initial diagnosis or assessment, proposed treatment, risks and benefits, available treatment alternatives, and consequences of not receiving treatment; (b) having had the opportunity to ask questions and receive satisfactory answers; and (c) voluntarily deciding, without pressure or coercion, to undergo the treatment or procedure. Informed consent is mandatory under Article 15 of Ley 23 de 1981 and must be specific for invasive or high-risk procedures.

**Clinical records and confidentiality.** Provider obligation to prepare and maintain the patient's clinical record under Resolución 1995 de 1999 of the Ministerio de Salud, with records of each consultation, procedure, administered medications, laboratory and imaging results, and clinical evolution. The clinical record is confidential and may only be disclosed to the patient themselves, their legal representatives in the case of minors or incapacitated persons, to other healthcare professionals for continuity of care, or to judicial or public health authorities by legal mandate.

**Fees and payment method.** Value of each consultation, session, or procedure in Colombian pesos (COP) with VAT included if applicable, accepted payment methods (cash, debit/credit card, bank transfer, PSE), appointment cancellation policy (minimum advance notice for cancellation without charge, penalty for no-show without notice), and conditions for electronic invoice issuance under Resolución DIAN 000042 de 2020.

**Treatment of sensitive data.** Express authorization from the patient for the processing of their health personal data (considered sensitive data under Article 5 of Ley 1581 de 2012), specifying: processing purposes (service delivery, preventive health communications, billing), data processors (clinical record system, laboratory, telemedicine platform), data subject rights (access, correction, deletion), and channel for exercising rights before the data controller. Health data has reinforced protection and cannot be used for marketing without specific authorization.

**Liability regime.** Standard of diligence of the professional (slight negligence standard in Colombia for healthcare professionals, per Corte Suprema de Justicia jurisprudence), grounds for provider liability (negligence, incompetence, imprudence), grounds for exoneration (fortuitous event, force majeure, exclusive patient fault for not following medical instructions), and express exclusion of liability for complications inherent to the procedure or disease, duly informed to the patient in the informed consent.

**Patient obligations.** Provide truthful and complete information about medical history, current medications, and allergies; follow the professional's instructions and recommendations; attend scheduled appointments; notify any changes in health condition; and assume the consequences of not following the indicated treatment. forms-legal.com provides this Healthcare Services Agreement template for Colombian private health providers operating outside the SGSSS framework, ensuring compliance with Ley 23 de 1981, Resolución 1995 de 1999, and Ley 1581 de 2012.