MinSalud unifies the Charter of Rights and Duties and adopts the ENUS

The Ministry of Health and Social Protection published in the Official Gazette (edition 53,618, Monday, September 7, 2026) Resolution 001642 of 2026, signed on July 31 by Minister Guillermo Alfonso Jaramillo Martínez. The regulation unifies the guidelines of the Charter of Rights and Duties of affiliated persons into a single instrument, adopts the National Health User Experience Survey (ENUS) as the official measurement mechanism, and defines transparency and information access obligations for the entire system.

The resolution is issued in development of numeral 3 of article 173 of Law 100 of 1993, article 10 of Statutory Law 1751 of 2015, and article 2.5.1.5.1 of Decree 780 of 2016. It updates current regulation and repeals, once the technical guidelines are issued, Resolutions 1379 of 2015 and 229 of 2020 and Joint External Circular 016 of 2013.

The ENUS, official measurement instrument

The ENUS is adopted as the official instrument to measure the performance of Health Promoting Entities (EPS), Health Service Provider Institutions (IPS), and pharmaceutical managers. It is permanent and continuous in nature, capturing the affiliate’s experience after each health care encounter, with a probabilistic sampling frame that guarantees statistical representativeness.

• It generates representative data by EPS, provider, department, district, municipality, and type of service.
• It measures indicators by quality attributes, expressed as a percentage, rate, proportion, or average.
• The Ministry of Health and Social Protection will define the sampling design, operational schemes, and validation criteria through technical guidelines.

Mobile application and digital verification

The regulation orders the development of an official mobile application, available on Android and iOS, with access via SMS or email authentication, a clear language interface, and accessibility options. EPS must operate the “Confirmation of Receipt” module, through which the affiliate responds to a questionnaire verifying the delivery and understanding of the Charter of Rights and Duties and the Performance Charter.

In areas without connectivity or for people without digital familiarity, alternative physical verification mechanisms will be enabled. The Ministry will have a maximum period of six (6) months from publication to implement the application and issue the technical guidelines.

Performance Charter and transparency

The Performance Charter is consolidated as a public information instrument regarding the quality of EPS, generated from the ENUS and the National Observatory of Quality in Health (ONCAS). It must contain, at a minimum:

• EPS quality indicators, disaggregated at national and regional levels.
• Performance indicators of the associated provider network.
• Performance comparison between EPS using objective methodologies.
• Final sanctions imposed in the last year by the National Superintendency of Health.
• Number of tutela actions (writs of protection) related to the provision of services.
• Positioning in the ranking of violations of the right to health.

The aggregated results of the ENUS will be published annually during the month of February, in open data formats, and a citizen dashboard will be enabled to allow the comparison of EPS by department, district, and regime. The National Superintendency of Health may access anonymized microdata for its inspection, surveillance, and control functions.

Impact for users

The resolution reinforces the universal delivery of the Charter of Rights and Duties to every affiliate at the time of affiliation or transfer and, at least once a year, to all active affiliates. It also incorporates recent jurisprudential developments regarding dignified death, palliative care, advance directives, and differential approaches, and obliges EPS to publish information in clear language, with inclusion mechanisms for people with disabilities and ethnic communities. The regulation is effective as of its issuance.

Source: Official Gazette, edition 53,618, Monday, September 7, 2026, p. 16 (official reference: Resolution 001642 of 2026).