international employment law firm alliance L&E Global

Argentina: Amendments to Choice of Medical Coverage

Decree 438/2021 modifies the current regime regarding the free choice of social security companies for employees.

The employees who start an employment relationship will have to remain at least one year in the mandatory health insurance coverage corresponding to their branch of working activity, before being able to change to another medical coverage provider. Likewise, those workers who, as of the date of publication of the Decree (07/07/2021), do not have one year of seniority and have not changed to another medical coverage provider, will also be bound by this regulation. Workers who have made use of the right of option to change, prior to the entry into force of this Decree, will not be affected.

The substitution may be exercised only once a year during the whole calendar year and will be effective as from the first day of the month, following the date on which the procedure was requested. The right to opt for a change of health insurance company must be exercised individually and personally, through the procedures established by the Superintendence of Health Services (SSS).

The individual exercising his/her right of option must do so with all the beneficiaries included in Section 9 of Law No. 23,660 (primary family groups of the established categories, persons who live with the member and receive ostensible family treatment from him/her, or those who are established as beneficiaries by the Dirección Nacional de Obras Sociales).