On May 22, 2026, the Constitutional President of the Republic issued Executive Decree No. 393, creating the Public Company for Health Supply, Infrastructure and Logistics AIL E.P. (“AIL E.P.” or the “Public Company”) as a public law entity with legal personality and its own assets, endowed with budgetary, financial, economic, administrative, and management autonomy. The Public Company is intended to provide the goods, services, and works necessary for the operation and functioning of healthcare facilities within the network of the Ministry of Public Health (“MSP”) and, where applicable, the Integrated Public Health Network or the Complementary Private Health Network.
Below are the most relevant aspects of the Executive Decree:
1. Purpose and activities of the Public Company. AIL E.P. will provide the goods, services, and works necessary for the operation of healthcare facilities within the MSP network. To this end, it will carry out the following main activities: (i) acquire, distribute, manage inventories, and dispatch medicines, medical devices, supplies, strategic goods, and other products required for healthcare services; (ii) provide, manage, and maintain equipment and movable and immovable assets of healthcare facilities within the Ministry of Public Health network and, where applicable, the Integrated Public Health Network or the Complementary Private Health Network; (iii) execute actions for the construction and upgrading of healthcare infrastructure; (iv) contract support and complementary services required for healthcare provision, such as cleaning, food services, and security; (v) implement and manage information systems for administration,ma nagement, digital transformation, and control of healthcare facilities; and (vi) provide services to any other entity within the Integrated Public Health Network or the Complementary Private Health Network upon request.
2. Management mechanisms and free services. To fulfill its purpose, AIL E.P. may establish partnerships, strategic alliances, and other associative mechanisms permitted under the Organic Law of Public Companies with public or private entities, national or international. It may also execute all kinds of administrative, civil, commercial, and labor agreements and contracts. Goods, services, and works provided directly or indirectly to citizens will be delivered free of charge.
3. Assets and revenues. The initial assets of AIL E.P. will consist of the movable and immovable property listed in the Annex attached to the Executive Decree. The Public Company’s revenues will derive from the General State Budget allocated to the health sector and linked to the company’s purpose, which will be transferred by the MSP. The implementation of the Decree will not entail additional public expenditure by the governing body of public finances.
4. Corporate governance. The Board of Directors of AIL E.P. will consist of: (i) the head of the MSP, or a permanent delegate, who will chair the Board; (ii) a permanent delegate of the President of the Republic; and (iii) the highest authority or delegate of the General Secretariat of Public Administration, Planning and Cabinet of the Presidency of the Republic. Additionally, the Director General of ARCSA will participate in Board meetings with voice but without vote. The General Manager will be appointed by the Board from outside its members and will exercise the legal, judicial, and extrajudicial representation of the company.
5. Public procurement and special powers. AIL E.P. will acquire medicines, equipment, and strategic goods in accordance with the Organic Law of the National Public Procurement System. For this purpose, it will be part of the Integrated Public Health Network. Additionally, the Public Company will have coercive enforcement powers in accordance with the Organic Law of Public Companies and the
Organic Administrative Code.
6. Reorganization of the Ministry of Public Health. The Decree provides that, within a maximum period of forty-five (45) days from its publication in the Official Registry, the MSP must take the necessary actions to eliminate the Vice Ministry of Comprehensive Health Care and approve a new organizational structure with a single vice ministry, under criteria of optimization and rationalization. Budgetary resources related to the eliminated Vice Ministry’s payroll will be transferred to AIL E.P.
7. Transfer of resources and transition process. Within a maximum period of sixty (60) days from the approval of AIL E.P.’s Functional Organizational Structure, the MSP will transfer resources, movable and immovable property, assets, contracts, ongoing procurement processes, technological systems, and other necessary elements. The transfer will not include liabilities, which will remain under the responsibility of the MSP, except for obligations arising from centralized procurement contracts executed during 2026, which will be transferred together with their respective contractual rights and obligations.
The Decree establishes the following deadlines from its publication in the Official Registry: (i) five (5) days for the convening of the Board and appointment of the General Manager; (ii) fifteen (15) days from the appointment of the General Manager for approval of the Operating Regulations; and (iii) twenty (20) days from the appointment of the General Manager for approval of the Functional Organizational Structure.
The Decree further establishes that, until AIL E.P. fully assumes its responsibilities, the MSP will guarantee the continuity of the supply of medicines, medical devices, complementary services, infrastructure, and the availability of information systems in order to avoid affecting the provision of public healthcare services.
Additionally, the technological systems implemented by AIL E.P. must ensure interoperability with entities within the Integrated Public Health Network and comply with national digital government and information security policies.
Executive Decree No. 393 entered into force on the date of its publication in the Official Registry, that is, May 27, 2026. Likewise, any rule of equal or lower hierarchy that contradicts the provisions of this instrument is hereby repealed.
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