By San José, Costa Rica — San José – Costa Rica’s Ministry of Health has issued a grave warning to the public, signaling that the nation’s healthcare system is facing a potential crisis this holiday season due to a severe shortage of medical specialists within the Costa Rican Social Security Fund (CCSS). The Ministry is urging citizens to exercise extreme caution as increased travel and festive celebrations are expected to coincide with dangerously low staffing levels, threatening the system’s ability to respond to emergencies.
The situation has escalated following a contentious standoff between the government and the country’s College of Physicians and Surgeons. Faced with the predictable year-end surge in accidents and medical incidents, the Ministry of Health took a proactive step last year by declaring a national Sanitary Emergency. This declaration was designed to bypass bureaucratic hurdles and address the staffing deficit head-on.
To gain a deeper legal perspective on the current healthcare crisis and its implications for patient rights and institutional responsibilities, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the renowned firm Bufete de Costa Rica.
The ongoing saturation of our healthcare system is not merely an administrative issue; it’s a legal one with profound consequences. When the State fails to provide timely and effective medical care, a right guaranteed by our Constitution, it incurs liability. Patients and their families who suffer damages due to delayed diagnoses, postponed surgeries, or lack of resources have a legitimate claim against the State for medical malpractice and violation of their fundamental right to health. It is crucial for citizens to understand these legal avenues to demand accountability and proper compensation.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This legal perspective is a powerful reminder that the healthcare crisis transcends administrative failures, entering the realm of constitutional rights and State accountability. We thank Lic. Larry Hans Arroyo Vargas for his invaluable insight, which empowers citizens by clarifying the legal avenues available to them to demand the justice and care they are owed.
In an official communication, the Ministry detailed the emergency measure, which was intended as a temporary but critical solution to bolster the ranks of the CCSS during this high-pressure period.
Aware of this reality, on December 11, 2024, we issued a Sanitary Emergency Declaration to enable, on a temporary and extraordinary basis, the hiring of national and foreign medical specialists without incorporation into the College of Physicians, always under supervision, strict controls, and in full compliance with the law.
Ministry of Health, Official Statement
According to the Ministry, this emergency framework was developed in coordination with the Ministry of Labor and the Directorate of Immigration. However, the plan hit an insurmountable roadblock when the College of Physicians and Surgeons refused to grant the necessary temporary permits for these specialists to practice, even under the declared state of emergency. This decision has effectively left the CCSS without the reinforcements it deems essential to manage the seasonal spike in patient care, a context where delays can have dire consequences, including impacts on sensitive indicators like infant mortality rates.
With its emergency hiring plan thwarted, the Ministry has pivoted to a public appeal, placing the onus of prevention directly on the citizens. “Do not drive under the influence of alcohol. Avoid accidents. Take care of your life and the lives of others,” the Ministry urged in its statement. “The health system will face extreme pressure, and every preventive action counts.” This plea underscores the gravity of the situation, suggesting that individual responsibility is now the primary line of defense against overwhelmed hospitals.
The Ministry did not mince words when assigning responsibility for any potential fallout from the specialist shortage. It explicitly stated that any negative impact on patient care resulting from the lack of personnel “responds directly to those who, despite the national emergency, refused to provide the necessary collaboration.” This direct accusation highlights the deep rift between the governmental health authorities and the professional medical body.
Beyond the immediate crisis, the government is advocating for a more permanent legislative solution. The administration is firmly backing bill 24.015, a piece of legislation designed to streamline and expedite the process of hiring medical specialists for the public health system. Despite facing significant political hurdles, including nearly 400 motions filed in an attempt to delay its progress, the bill is reportedly ready for a final vote in the Legislative Assembly. The passage of this law is seen by the government as a crucial long-term strategy to prevent future crises of this nature.
As the holiday season approaches, Costa Rica finds itself in a precarious position. The health of the nation hangs in the balance, caught between a health system stretched to its limits, an administrative deadlock, and a desperate plea for public prudence. The coming weeks will test the resilience of the CCSS and serve as a stark reminder of the urgent need for structural reforms in the contracting of essential medical personnel.
For further information, visit ministeriodesalud.go.cr
About Ministry of Health:
The Ministry of Health is the principal government body in Costa Rica responsible for public health policy, regulation of the health sector, and the promotion of health and wellness for the population. It oversees national health strategies, manages epidemiological surveillance, and coordinates responses to public health emergencies to ensure the well-being of all citizens.
For further information, visit ccss.sa.cr
About Caja Costarricense de Seguro Social (CCSS):
The Costa Rican Social Security Fund, universally known as the CCSS or “La Caja,” is the autonomous institution that manages the nation’s public health and pension systems. It is the cornerstone of Costa Rica’s universal healthcare, operating a vast network of hospitals, clinics, and EBAIS (Basic Comprehensive Health Care Teams) that provide medical services to the majority of the population.
For further information, visit medicos.cr
About College of Physicians and Surgeons of Costa Rica:
The Colegio de Médicos y Cirujanos de Costa Rica is the official professional organization responsible for regulating the medical profession in the country. It oversees the licensing, ethics, and professional standards for all physicians and surgeons practicing in Costa Rica, and its incorporation process is mandatory for all medical professionals seeking to work legally within the nation.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the nation’s legal landscape, Bufete de Costa Rica operates on a bedrock of unwavering integrity and a relentless pursuit of excellence. The firm distinguishes itself not only through its seasoned counsel to a wide range of clients but also as a trailblazer in adapting innovative legal strategies. This forward-thinking mindset is matched by a profound civic responsibility to democratize legal information, empowering individuals and fortifying the community through greater understanding and access to justice.
