DOF: 31/08/2022

DECREE creating the decentralized public organization called Health Services

from the Mexican Institute of Social Security for Well-Being (IMSS-BIENESTAR).

On the margin, a seal with the National Coat of Arms, which says: United Mexican States.
Presidency of the Republic.
ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, in
exercise of the faculty conferred upon me by Article 89, section I, of the Political Constitution of the
United Mexican States, based on articles 1 and 4 of the Constitution; 1, 2,
articles 3, 5, 23, 25, 51 and 77 bis 1 of the General Law of Health; 3, section I, 31, 32, 37, 39, 40, 45 and
50 of the Organic Law of the Federal Public Administration; and 14 and 15 of the Federal Law of the
Parastatal Entities, and
CONSIDERING
That Article 4, paragraph four, of the Political Constitution of the United Mexican States
The Constitution establishes the following: "Every person has the right to health protection. The Law
it will define the bases and modalities for access to health services and will establish the
concurrent jurisdiction of the Federation and the federative entities in matters of general health,
according to what is provided in section XVI of article 73 of this Constitution. The Law will define a
health system for well-being, in order to guarantee the progressive, quantitative extension and
qualitative health services for the comprehensive and free care of individuals who do not
they have social security.
That, on the other hand, Article 1 of the Constitution obliges all authorities (administrative
and jurisdictional) to make effective the fundamental rights that the CPEUM establishes with
based on the principles of universality, progressiveness, interdependence, and indivisibility, that
it is applicable to the right to health protection as stated in article 4 of the constitution;
That, in this line of thought, Article 2 of the General Health Law (LGS) establishes that
the right to health protection has among its purposes the one indicated in section V: "The
enjoy health services and social assistance that meet effectively and promptly the
needs of the population.
In the case of individuals who lack social security, the free provision of services
about health, medications, and other associated supplies;
That article 3, sections II and II bis of the LGS provides that matters of general health are
health care and the free provision of health services, medicines and others
supplies associated for people without social security;
That Article 5 of the General Health Law determines that the National Health System is
constituted, primarily, by the dependencies and entities of the Public Administration, both
federal as local, which provide health services, as well as by the coordination mechanisms
to actions, and aims to fulfill the human right to health protection;
That Article 25 of the LGS states that: "According to the priorities of the National System of
Health, the progressive, quantitative and qualitative extension of health services will be guaranteed.
particularly for the comprehensive care of the population that is in the country that does not have
with social security
That the National Development Plan 2019-2024, in its guiding axis II related to Social Policy,
establishes the line of action as health for the entire population, the objective of which is that all
people have access to the institutions and modalities of the National Health System, and have
right to receive comprehensive free medical and hospital care with medications and others
associated supplies, under criteria of universality and equality, in conditions that allow them to
progressive, effective, timely, quality access without discrimination;
That the Sectoral Health Program 2020-2024 establishes as priority strategies
to ensure the population in high and very high marginalization regions, and without affiliation to the
social security institutions, access to health services and free medications, as well
such as the implementation of comprehensive health actions that help prolong their life with quality,
to prevent the occurrence of diseases or, if applicable, to detect them early through
participation of all institutions of the National Health System;
That in terms of article 77 bis 5, section A), fraction I, of the LGS, corresponds to the
Federal Executive, through the Ministry of Health: "Develop, coordinate, supervise and
establish the bases according to which the federal entities and, where appropriate, the Federation
they will carry out the free provision of health services, medications, and other supplies
associates, for people without social security, for which it will formulate directly or through
Institute of Health for Wellbeing a strategic program in which progressivity is defined,
service coverage and the care model, in accordance with the provisions
regulatory
 That articles 3 and 4, respectively, of the Social Security Law, provide: "The implementation
social security is the responsibility of public entities or dependencies, whether federal or local, and
of decentralized organisms, according to the provisions of this Law and other regulations
legales sobre la materia" y "El Seguro Social es el instrumento básico de la seguridad social,
established as a public service of a national nature under the terms of this Law, without prejudice
of the systems established by other regulations;
That in terms of articles 214 to 217 of the Social Security Law, the Mexican Institute
The Social Security provides social solidarity benefits, for which it organizes, establishes and
medical units operate for those services that cater to the population not
beneficiary, among other cases, in support of programs to combat marginalization and the
poverty when required by the Federal Executive. And for this reason, on May 25, 1979, it
established the now called IMSS-BIENESTAR Program, to extend the services of
health across the entire national territory, for the benefit of people without social security, as well as those of
population centers in extreme poverty and high and very high marginalization;
That, over the course of 43 years, what is now called the IMSS-BIENESTAR Program has demonstrated its
effectiveness, efficiency, quality, and warmth, and it has been consolidated through the implementation of the Model
Comprehensive Health Care (MAIS), which provides free medical care and medications, with
current presence in 19 federal entities, which has benefited 11.6 million
people at the national level;
That, from a diagnosis carried out in the national territory regarding the situation of the
infrastructure, coverage, personnel, and equipment, it was concluded that the MAIS of the IMSS Program
WELL-BEING, whose basis is Primary Health Care, currently managed successfully
by the Mexican Institute of Social Security, allows for the transformation of health systems in the
states of the Republic and, at the same time, advance in the consolidation of the Health System
for Wellbeing in order to ensure that all people without social security have access to it
model
That, on the other hand, the referred program, by joining the public policy of the National System
of Health implemented by the Federal Government, needs to expand its operational capacity, in order to
to provide health services according to its care model, in favor of the population without
social security. The above, based on the coordination agreements that are signed with the
federal entities, which will help in the construction of a public system of
unique health, in the national territory;
That, for such purposes, it is appropriate to create a Decentralized Public Organization (DPO)
endowed with legal personality and its own assets with technical, operational, and management autonomy
e integrada con profesionales, técnicos y auxiliares de la salud del más alto nivel, así como con
sufficient infrastructure and equipment, capable of achieving the referred objectives, in terms of
Articles 90 CPEUM, 45 of the Organic Law of the Federal Public Administration, and 14, 15, 17,
58 and other applicable provisions of the Federal Law on Parastatal Entities;
That, on the other hand, the creation of the OPD is a public policy decision, where the body
creator of the federal decentralized agency decides its labor regime, in order to achieve a
better way the purpose for which it was created; in this case, it must comply with what is provided by the
Article 123, section B), of the CPEUM, regarding labor relations between the OPD and
the workers and what is provided in this decree;
That the Mexican Institute of Social Security has made various agreements with entities
federations where the IMSS-Bienestar Program is already present, in order to expand its
coverage and with others in which it will be implemented for the first time; likewise, the OPD that is created,
the Mexican Social Security Institute, the Institute of Health for Wellbeing, and the entities
federations will be able to coordinate to provide the service and thus enhance their
coverage and;

That the Intersecretariat Commission on Public Expenditure, Financing and Disincorporation,

through an agreement, positively assessed the constitution of the decentralized public organization
referred to in the present recitals, for which I have deemed it appropriate to issue the following:
DECRETE
Article 1. The decentralized public organization of the Federal Public Administration is created.
non-sectorized, with legal personality and its own assets and technical, operational, and
management, called Health Services of the Mexican Institute of Social Security for Wellbeing,
hereinafter IMSS-BIENESTAR, with an address in Mexico City.
Your Governing Board can authorize the establishment of representative offices in the
federal entities or, where applicable, in geographical regions that encompass more than one entity
federative, as long as it does not imply an additional requirement for resources and is found
within its budget availability.
Article 2. The IMSS-BIENESTAR aims to provide assistance to people without affiliation to the
social security institutions providing comprehensive free medical and hospital care with
medications and other associated supplies, under criteria of universality and equality, in
conditions that allow them progressive, effective, timely, quality access and without
any discrimination, whether through the Comprehensive Health Care Model of the Institute
Mexican Social Security or, where applicable, the Health Care Model for Well-Being,
same that must consider the comprehensive care that links health services and the
community action, as determined by its Board of Directors.
The above, regardless of the health services provided by other institutions.
public or private.
The IMSS-BIENESTAR will provide health services to the individuals referred to in the paragraph.
first, in those federal entities with which coordination agreements are made for the
transfer of said services.
Article 3. To fulfill its purpose, IMSS-BIENESTAR will have the resources
budgetary, material, human, financial, and infrastructure resources that are transferred to them
directly the governments of the federal entities funded by their own resources or freely
provision, or with the resources of the contribution fund referred to in article 25,
fraction II, of the Fiscal Coordination Law, in the terms set by the agreements of
coordination that will be held for that purpose; as well as, if applicable, those federal resources
labeled as determined in the applicable provisions.
The cash resources referred to in the previous paragraph may be received through the
public trust for administration and payment that, if applicable, is established.
Article 4. IMSS-BIENESTAR has the following attributions:
Operate the Health Care Model for Wellbeing or the Comprehensive Care Model
to the Health implemented by the Mexican Social Security Institute, according to what
authorize the Governing Board;
Carry out actions for disease prevention and health promotion, as well as
epidemiological surveillance, in the terms established by the General Health Law;
Realizar acciones de salud pública y otorgar asistencia médica, servicios de salud ambulatorios
and hospital supplies, medications, and other items associated with the target population through
their health units and hospitals;
Integrate and implement community participation strategies and proactive search.
population-based for the improvement of the health of the target population, through the mechanisms of
community organization;
Participate in actions related to health services for the target population,
that implements the Federal Public Administration.
Integrate a template of professionals, technicians, and health auxiliaries who have
a training of the highest level;
Coordinate with the agencies and entities of the Federal, state, and
municipal, for the fulfillment of its objectives;
Establish exchange relationships y dissemination of scientific knowledge with
similar organisms, national and international, public or private;
Promote collaboration in national and international networks for project execution.
of application of knowledge or training of human resources;
Manage your assets;
Administrar los recursos que le sean asignados o transferidos para la prestación de los servicios
health for the individuals belonging to the target population who are in the country;
Invest the resources according to the provisions issued by the Board of Trustees and
the Secretariat of Finance and Public Credit;
Establish the mechanisms for allocation, exercise, verification, and accountability.
of the resources that are transferred or contributed to them, in terms of the Federal Law of
Budget and Tax Responsibility, and applicable regulations;
Sign agreements and accords with an institution of any level of government and organizations
non-governmental organizations for the fulfillment of priority attention in favor of health
the target population;
Subscribe to agreements and accords with an institution of any level of government to
the exchange of services for beneficiaries of other health institutions, and
Carry out the other activities inherent to its nature and conducive to compliance with
its functions.
Article 5. The IMSS-BIENESTAR governs its organization, operation, and functioning in accordance
to this decree, to the General Health Law, to the Federal Law of Parastatal Entities, to the
Federal Law on Budget and Financial Responsibility, to its Organic Statute, to its
respective regulations and other applicable norms.
To ensure the quality of the Health Care Model for Well-Being, the IMSS-
WELL-BEING will be subject to the provisions of the applicable official Mexican standards, thus
such as the protocols, guidelines, and care standards issued by the Ministry of Health and,
your case, of the Mexican Institute of Social Security.
Article 6. The assets of IMSS-BIENESTAR will be made up of:
The resources that, where applicable, are assigned to you in the Federal Expenditure Budget
the tax exercise in question, observing the regulations in the matter regarding
the same;
Movable property e properties that are transferred to him in terms of the
applicable provisions;
The own resources or freely disposable income that are transferred to them by the
federal entities for the free provision of health services to the population without
social security, in the terms of the legal regulations and the instruments that are signed for
tail end
The rights of ownership and possession of movable and immovable property, which for any
legal title acquired, as well as those transferred to him by the various levels of government, in
terms of the applicable provisions;
Donations, inheritances, legacies, allocations, subsidies, and transfers made to
please
The income, rights, interests, yields, or resources that are received, acquired, or assigned to him/her
transfer, assign, donate or allocate under any legal title, and
The other assets, rights, and resources acquired by any other legal title.
Article 7. The federal resources that are not used by the IMSS-BIENESTAR, during
Each fiscal year, they must comply with the provisions of the Federal Budget Law.
Tax Responsibility, its Regulations and other applicable provisions.
Article 8. The IMSS-BIENESTAR, in matters of budget, spending, and accounting, will be governed
by the provisions of this decree and in the Federal Expenditure Budget for each fiscal year
fiscal, the Income Law of the Federation, the General Law of Government Accounting, the Law
Federal Budget and Fiscal Responsibility Law, the Fiscal Coordination Law, the Law
Federal Law of Republican Austerity and other applicable provisions in the matter.
Article 9. In order to guarantee the best conditions for the exercise of resources and
take advantage of the experience of the Mexican Social Security Institute in the provision of services
of healthcare, IMSS-BIENESTAR may enter into collaboration agreements with this
institute in subjects such as: planning, administration, personnel, finance, legal,
training and evaluation, among others.
Article 10. The administration of IMSS-BIENESTAR will be in charge of the Governing Board.
and the General Directorate.
The basic organic structure of IMSS-BIENESTAR will be established in its organic statute.
Article 11. The Governing Board of IMSS-BIENESTAR will be made up of the person in charge.
from the Mexican Institute of Social Security, who will preside over it and will have the casting vote, and the people
headlines from:
The Department of Health;
The Secretariat of Finance and Public Credit;
The Secretariat of Labor and Social Welfare;
The Secretariat of Welfare;
Four regulatory bodies of the Mexican Social Security Institute, to which it refers
the internal regulations of said institute, which shall designate the holder of the
General Directorate, and
A representative of the majority union to which the workers are affiliated.
They will be permanent invitees and will attend the sessions, with the right to speak but without vote, the
public commissioner designated by the Secretariat of Public Function and the head person
from the General Directorate of IMSS-BIENESTAR.
The members of the Governing Board, who belong to the Public Administration
Federal entities may designate their respective substitutes with a minimum hierarchical level of Director.
General or its equivalent.
When the Governing Board deems it appropriate, it may invite participation in its sessions,
with the right to speak, but without voting, to representatives of other dependencies and entities of the
Federal Public Administration, the Legislative and Judicial Powers, bodies to which the
Political Constitution of the United Mexican States grants autonomy or any other
public or private institution.
The Governing Board will have a Technical Secretariat, whose head will be appointed or
removed by said collegiate body at the proposal of its president and must be unrelated to
organism, which may or may not be a member of it.
In addition, the person in charge of the General Directorate of IMSS-BIENESTAR will propose to the
Governing Board the appointment or removal of the holder of the Prosecretariat, who may
to be or not to be a member of said Board or of the entity.
The members of the Governing Board, as well as the heads of the Secretary
The Technique and the Prosecretariat will perform their duties on an honorary basis, so they will not receive
remuneration, emolument, or any compensation for their participation.
 Article 12. The Governing Board has, in addition to those provided for in the legal provisions
applicable, the following non-delegable attributions:
Establish general policies and define the priorities that IMSS must adhere to.
WELL-BEING, as well as issuing the corresponding Institutional Program, aligned with the
National Development Plan and the Sectoral Health Program. For such purposes, they may
consider the forecasts contained in the Institutional Program of the Mexican Institute of
Social Security;

Analyze and issue the Organic Statute that establishes the foundations of
organization, faculties, and functions of the different areas that make up the IMSS-BIENESTAR;
Approve the Health Care Model for Well-Being that links health services and
community action, or authorize the implementation of the Comprehensive Care Model to the
Health of the Mexican Institute of Social Security;
Discuss and approve the draft budget of income and expenses of the IMSS-
WELL-BEING that is submitted for your consideration by the holder of the General Directorate of the IMSS.
WELL-BEING, and submit it to the consideration of the Ministry of Finance and Public Credit,
terms of the applicable legal provisions; as well as authorize adjustments to the budget
approved and, when appropriate, request the corresponding authorizations from the Secretariat of
Ministry of Finance and Public Credit, in terms of the Federal Law on Budget and Accountability
Tax Administration and its Regulation;
Authorize the legal acts to be executed, at the proposal of the person in charge of the Directorate.
General, about the movable and immovable assets that make up the assets of the IMSS-
WELL-BEING;
Decide on the investments of the IMSS-BIENESTAR resources, subject to
the provisions issued in the matter by the Ministry of Finance and Public Credit;
Approve its regulations, as well as the operational guidelines for the actions it develops.
the IMSS-WELLBEING;
Approve the rules and other provisions of general application, at the proposal of the person
holder of the General Directorate of IMSS-BIENESTAR;
Approve the basic organic structure of IMSS-BIENESTAR and the modifications that
proceed, subject to the authorizations issued by the Secretariat of Public Function and the
Secretary of Finance and Public Credit in the scope of their respective competencies; as well as
authorize, subject to budget availability, the establishment of offices
state or regional representation, provided that it does not imply an additional requirement of
resources and is within its budget availability.
Approve the strategies for the training, development, and ongoing education of the staff
of IMSS-BIENESTAR;
Approve the general working conditions of the basic staff of IMSS-BIENESTAR,
the proposal of the person in charge of the General Directorate, for the purpose of submitting them
general conditions for the authorization of the Ministry of Finance and Public Credit,
compliance with the applicable legal provisions;
Examine and approve, if applicable, the reports submitted by the holder of the Directorate.
General of IMSS-BIENESTAR;
Evaluate and fully approve the institutional management and the performance of the people
IMSS-BIENESTAR directives, taking into account the opinion of the commissioner.
public
Approve annually, prior to the report of the public commissioner, the states
financial statements duly audited by the external auditor;
Naming and removing, at the proposal of the person in charge of the General Directorate of the IMSS.
WELL-BEING, to the officials of the two hierarchical levels below that,
The others granted by the Organic Statute and the regulations issued based on it.
the present decree.
Article 13. The Governing Board shall meet with the frequency specified in the Statute.
Organic, without being less than four times a year. It will validly convene with the
attendance of at least half plus one of its members. Resolutions will be made
by majority vote of the present individuals. The Presidency of the Board of Government will have
quality vote in case of a tie.
Article 14. The person in charge of the General Directorate shall be appointed by the person in charge of
the Presidency of the Republic. The appointment must fall on the person who meets the
requirements set forth in Article 21 of the Federal Law on Parastatal Entities and 14 of its
Regulations, as well as the following:
Being of Mexican nationality in full exercise of my civil and political rights, with a
minimum age of 30 years completed on the day of their appointment; and
 Hold a minimum professional bachelor's degree issued by an authority o
competent institution, which implies specialized knowledge in one of the disciplines
related to the purpose of IMSS-BIENESTAR, and having held some decision-making position that
involve knowledge in them, with at least 5 years of experience.
Article 15. The person in charge of the General Directorate of IMSS-BIENESTAR will also have
from those provided in the applicable legal provisions, the following attributions:
Legally represent IMSS-BIENESTAR, with all the powers that correspond to
the general mandates for lawsuits and collections, acts of administration and dominion, and
the special cases that require a special clause according to the Federal Civil Code or any other
law, as well as before all authorities.
exercising acts of dominion over movable and immovable property will require approval from
the Governing Board;
Execute the agreements of the Governing Board;
Grant, substitute, and revoke general and special powers;
Carry out all kinds of legal acts necessary to fulfill the objectives of IMSS-BIENESTAR;
Submit for approval by the Governing Board of IMSS-BIENESTAR the programs to which
it refers to the Planning Law, as well as its Activity Program;
Propose to the Governing Board the modalities of care that the IMSS will apply.
WELL-BEING, based on the model determined by it;
Develop general policies to submit for approval by the Governing Board and define
the priorities to which IMSS-BIENESTAR must adhere, aligned with the National Plan
of Development, the Sectoral Health Program, its Institutional Program and, where applicable, to
Institutional Program of the Mexican Social Security Institute;
Present to the Governing Board for consideration and approval the annual draft of
income and expenses of IMSS-BIENESTAR;
Timely present the draft project to the Secretary of Finance and Public Credit.
of the IMSS-BIENESTAR budget, in accordance with the general guidelines that, in matters of
of expenditure, establish that Secretariat;
Appoint trusted personnel, considering the opinion of the heads of the
administrative units of IMSS-BIENESTAR;
Propose to the Governing Board the basic organizational structure of the administrative units.
from IMSS-BIENESTAR, subject to the authorizations issued by the Secretary of
Public Function and the Ministry of Finance and Public Credit, in the scope of their
respective competencies;
Propose to the Governing Board the appointment and, if applicable, the removal of individuals.
that will be occupied by the two immediate lower levels to yours;
Establish, maintain y promote the relationships of IMSS-BIENESTAR with others
national or international institutions, prior authorization from the Board of Governors;
Submit the annual activities report to the Governing Board, as well as the reports
newspapers that it requests from her;
Prepare or modify the Organic Statute project through the competent unit.
and submit it to the Governing Board for its approval;
Promote, in accordance with the Activity Program approved by the Governing Board,
the management of support before instances of the three levels of government, as well as society
civil
in the area of infrastructure, services, equipment, public health, among others, that of
direct or indirect ways enhance the actions taken for the benefit of health and quality
of the life of the target population of IMSS-BIENESTAR;
Propose to the Governing Board the general working conditions of the base staff.
of IMSS-BIENESTAR, as well as establish the same in accordance with Article 87 of the Law
Federal Workers at the Service of the State, Regulatory of Section B), of the article
123 constitutional
Subscribe to the necessary transfer agreements or conventions to meet the objectives.
and the attributions of the organism;
Manage the assets and resources assigned or transferred to the IMSS-
WELL-BEING, for the provision of health services to individuals who are in the
country and that do not have social security, in the terms established by its Governing Board
and other applicable legal provisions, and
The others that are attributed to the Organic Statute or the regulations, and those that are
natural consequence of its functions.
Article 16. The IMSS-BIENESTAR will have the oversight body referred to in the Law.
Organic Law of the Federal Public Administration and the Federal Law of Parastatal Entities,
that will exercise the powers established in the same regulations and others
applicable provisions. The head of the oversight body will be appointed in accordance with the
Organic Law of the Federal Public Administration.
Article 17. The supervisory body shall consist of a public commissioner owner.
and their substitute, appointed by the Secretariat of the Public Function, who will have, in addition to the
attributions established by article 60 of the Federal Law of Parastatal Entities and others
applicable legal provisions, the following:
Ensure that the administration of resources and the functioning of IMSS-BIENESTAR are carried out
in accordance with what is provided by the approved programs and budgets;
Issue an opinion on the financial statements and the audits of a character
administrative actions carried out by external auditors and the Internal Control Body of the IMSS
WELL-BEING
Recommend to the Governing Board and to the person in charge of the General Directorate the
preventive and corrective measures suitable for administrative improvement
operation of IMSS-BIENESTAR and, if applicable, monitor compliance with them;
Attend and collaborate with the sessions of the Governing Board in accordance with the
applicable regulation;
Give an opinion on the activity report and evaluation presented by the person in charge of the
General Directorate before the Governing Board, and
Exercise the powers granted to them by other applicable legal provisions.
Article 18. The IMSS-BIENESTAR will have an Internal Control Body designated by the
Secretariat of Public Function, which will have the powers conferred by the General Law of
Administrative responsibilities and other applicable legal provisions.
Article 19. The labor regime between IMSS-BIENESTAR and its workers will be governed by...
provided in Article 123, Section B), of the Political Constitution of the United States
Mexicans, and the social security for the general working conditions that are approved and
authorize in terms of this decree and other applicable regulations.
TRANSITORY
FIRST. This decree will enter into force on the day following its publication in the Official Gazette.
Federal Officer.
SECOND. The Governing Board of IMSS-BIENESTAR will be established within a period not exceeding
within thirty calendar days following the publication of this decree.
The Governing Board of IMSS-BIENESTAR will issue its Organic Statute within a period that
It will not exceed sixty calendar days from its installation.
THIRD. The Mexican Institute of Social Security will continue to operate directly the
health units and hospitals available to the IMSS-Bienestar Program, in those
federal entities where it has presence, in accordance with its Operating Rules
current.
The Mexican Institute of Social Security will ensure the occupancy of the positions at the service of the
operation mentioned in the previous paragraph, in accordance with the procedures of
recruitment established in the collective labor contract, which regulates relationships with
the working people, their regulations and other applicable institutional norms.
Likewise, the workers of the IMSS-Bienestar Program will continue to enjoy
the rights and benefits they currently have, as included in the collective labor contract,
its regulations and other norms that govern labor relations in the Mexican Institute of
Social Security.
FOURTH. The individual labor rights of workers in services
state health matters that could have been generated before their transfer to the IMSS.
WELL-BEING, due to the coordination agreements that are signed with the entities
federations for the provision of services to the target population will be respected in their
terms, without prejudice to the establishment of remuneration schemes for the
aforementioned working persons, subject to the budgetary availability of
IMSS-WELLNESS.
The granting of social security benefits, including medical services, will remain
in charge of the public institution that currently provides them, so IMSS-BIENESTAR must
carry out the necessary procedures to cover the fees that may apply, charged to the
resources transferred to them by the federal entities, in accordance with Article 3 of this
decree.
People who, upon the entry into force of this decree, have a contract for
fixed term or provision of professional services, may be subject to
recruitment by the IMSS-BIENESTAR, as long as they meet the requirements set by it
establish for your hiring.
FIFTH. In order to respect the pension rights of the workers in the services of
state health that are transferred to IMSS-BIENESTAR by virtue of this decree, is
you must observe the following:
En el caso de aquellos trabajadores que coticen para el Instituto de Seguridad y Servicios
Social workers of the State will retain their rights, and IMSS-BIENESTAR
it will continue to cover the employer-employee contributions corresponding to said social security institute
social.
In the case of those workers who contribute to the Institute of Security and Services
Social Security of State Workers and have opted for the regime established in the article
Transitional Article Ten of the law of that institute, IMSS-BIENESTAR will continue to cover the
worker-employer contributions that correspond to it.
In the case of workers who have entered to work in state health services
que cuenten con un sistema pensionario no compatible con los esquemas establecidos en la Ley
del Seguro Social y la Ley del Instituto de Seguridad y Servicios Sociales de los Trabajadores
from the State, the federal entities will cover the employer-employee contributions directly to the
local organism that corresponds.
Payments referred to in fractions I and II of this article will preferably be made
with charges to the resources that the federal entities transfer to the IMSS for such purposes
WELL-BEING, in accordance with article 3 of this decree.
In the cases established in this article, the federal entities will continue to cover
the respective pension liability that has been generated prior to the celebration of the
agreements referred to in the last paragraph of article 2 of this decree.
SIXTH. As of the entry into force of this decree and in terms of the agreements
of coordination that, if applicable, IMSS-BIENESTAR shall enter into with the federal entities, in
terms of article 2 of this decree, he will be responsible for compliance with the
obligations arising from the general working conditions that are approved at the time by the
Governing Board.
IMSS-BIENESTAR will not be responsible for pension obligations, nor for others.
obligations arising from resolutions issued by authorities in any matter in trials or
procedures, both generated prior to the entry into force of this decree.
SEVENTH. The operational provisions governing the transition process of
state personal will be jointly determined by IMSS-BIENESTAR, the services of
health local and the competent authorities in labor matters, in accordance with the
applicable provisions issued by the Secretariats of Public Function and Treasury
Public Credit, within the scope of their respective competences.
EIGHT. As of the entry into force of this decree, and in accordance with article 19 of
the newly hired personnel required for the provision of health services
to the target population in the federal entities that sign coordination agreements for
Such effect will be contracted directly by IMSS-BIENESTAR.
NINTH. While the infrastructure, information systems, and regulations are implemented
IMSS-BIENESTAR, its administrative processes must be carried out through the means and
information systems of the Mexican Social Security Institute, as well as to be subject to the
regulations of said institute, for which both entities will sign the agreements of
necessary collaboration.
TENTH. The legal and administrative regularization of the assets transferred by
governments of the federal entities, will be in charge together with IMSS-BIENESTAR,
in terms of the coordination agreements referred to in Article 2 of this decree.
ELEVENTH. In the coordination agreements referred to in Article 2, last
paragraph of this decree, it must be established that the contracting procedures that
are in process as of the date of their celebration, will remain the responsibility of the units
administrative responsible for such procedures, until their complete conclusion, who
they will also be responsible for payment obligations or debts arising from the contracts
subscribed or such procedures; based on the legislation regarding
Public Sector Acquisitions, Leases, and Services, as well as Public Works
and Services Related to Them.
The Mexican Institute of Social Security and IMSS-BIENESTAR will under no circumstances be
joint, substitute or solidarity responsible parties regarding the obligations referred to
the previous paragraph.
The Mexican Institute of Social Security will continue to fulfill its commitments.
pending matters arising from the current legal instruments, entered into in their capacity as
administrator of the IMSS-BIENESTAR Program, according to what is established in them.
The Mexican Institute of Social Security, through the IMSS-BIENESTAR Program, will take the
necessary measures to ensure the provision of health services to the population without
seguridad social, en tanto se concluyen las etapas procedimentales y se cumple con las
legal obligations referred to in the previous paragraphs, in accordance with the applicable legislation.
TWELFTH. For the operation and fulfillment of the obligations entrusted to the
IMSS-BIENESTAR en el ejercicio fiscal 2022, éste dispondrá de los recursos que le sean
transferred in terms of the applicable regulations, as well as those received from the entities
federative in terms of the coordination agreements that are celebrated for this purpose.
THIRTEENTH. The IMSS-BIENESTAR will publish in the Official Federal Diary,
within ninety working days following the issuance of its Organic Statute, the bases
to receive the movable and immovable property that will, in due time, be part of their
heritage transferred to it by the federal entities with which it enters into agreements for such
effects.
FOURTEENTH. The majority union in terms of the Federal Labor Law
to the Service of the State, regulatory of Section B) of Article 123 of the Constitution, will carry out the
designation of the representation referred to in article 11, section VI, of this decree;
the absence of this will not affect the quorum for the sessions of the Board of Government.
In terms of Article 87 of the Federal Law on Workers at the Service of the State,
regulatory of Section B) of article 123 of the Constitution, the Conditions will be signed
Work General Guidelines, considering the opinion of the corresponding Union.

Given at the residence of the Federal Executive Power, Mexico City, on August 30,
2022.-Andrés Manuel López Obrador.- Signature.- The Secretary of Finance and Credit
Public, Rogelio Eduardo Ramírez de la O.- Signature.- The Secretary of Welfare, Ariadna
Montiel Reyes.- Rúbrica.- El Secretario de la Función Pública,Roberto Salcedo Aquino.-
Signature.- The Secretary of Health, Jorge Carlos Alcocer Varela.- Signature.- The Secretary of
Work and Social Welfare, Luisa María Alcalde Luján. - Signature.

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