On August 31, 2022, the Resolution, published in the Federal Official Gazette (DOF), by which the decentralized public body of the Federal Public Administration, non-sectorized, with legal personality, its own assets, and technical and operational autonomy and management, called Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) was created.

The IMSS-BIENESTAR, has its domicile in Mexico City. However, its Government Board may authorize the establishment of representative offices in the states.

IMSS-BIENESTAR aims to provide comprehensive, free medical and hospital health services with medicines and other associated supplies, to people without affiliation to social security institutions. The foregoing, under the criteria of universality and equality, in conditions that allow progressive, effective, timely, quality access and without any discrimination, either through the Health Care Model for Well-being, or through the Comprehensive Health Care Model implemented by the Mexican Institute of Social Security (IMSS), in accordance with what is authorized by the Governing Board. Likewise, the IMSS-BIENESTAR will provide health services to people who are not enrolled in health services in those federal entities with which it celebrates coordination agreements for the transfer of services.

The IMSS-BIENESTAR has the following attributions: (i) carry out disease prevention and health promotion actions, as well as epidemiological surveillance, in the terms established in the Health Law; (ii) carry out public health actions and provide medical assistance, outpatient and hospital health services, medicines and other associated supplies; (iii) integrate and implement community participation strategies to improve the health of the population; (iv) participate in actions regarding health services for the population, implemented by the Federal Public Administration; (v) integrate a staff of health professionals, technicians, and auxiliaries, who have the highest level of training; among others.

The IMSS-BIENESTAR governs its organization, functioning and operation, based on the General Health Law, the Federal Law of Parastatal Entities, and the Federal Budget and Treasury Responsibility Law. Likewise, to guarantee the quality of the service it provides, the IMSS-BIENESTAR will be subject to the provisions of the applicable official Mexican regulations.

The IMSS-BIENESTAR Governing Board will be made up of: (i) the head of IMSS; (ii) the Ministry of Health; (iii) the Ministry of Finance and Public Credit; (iv) the Ministry of Labor and Social Welfare; (v) the Secretary of Welfare; (vi) four regulatory bodies of the IMSS referred to in the Internal Regulations of said Institute, designated for this purpose by the head of the General Directorate; and (vii) a representative of the majority Union to which the workers are affiliated.

The Resolution creating the IMSS-BIENESTAR entered into force on September 1, 2022. The Governing Board will be installed in a period not exceeding 30 calendar days following the publication of the Resolution in the DOF.

The IMSS will continue to directly operate the health units and hospitals that IMSS-BIENESTAR has, in those states where it has a presence, in accordance with its operating rules.

The IMSS-BIENESTAR, opens the possibility that people who do not have a health service for whatever reason, are able to obtain said service and the medications they require. However, it is important to take care that the health service is provided to people in optimal conditions, since, as we know, there is a problem with such services, in terms of care and medicines, which have historically been deficient.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis in relation to the Regulations, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.