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up to date · reviewed Jun 22, 2026
In force since Dec 21, 2023

Private health insurers: free prices

DNU 70/2023, arts. 267-269
in forceNATIONAL Market deregulation

Arts. 267 to 269 of DNU 70/2023 take the Superintendencia de Salud out of approving increases: each plan sets its own premium.

The other rules on this subject40

Mega-DNU 70/2023: repeals the Rentals, Shelves and Supply lawsDecreto 70/2023 (DNU-2023-70-APN-PTE)in force
Rentals: freedom of contract returnsDNU 70/2023, art. 249in force
The IGJ digitizes companies' financial statementsIGJ General Res. 9/2026 (RESOG-2026-9-APN-IGJ#MJ), Official Gazette Jul 2, 2026in force

What changed and who it applies to

What changed
DNU 70/2023 freed the prices of private health-insurance premiums: the Superintendency of Health Services (SSS) stopped authorizing and setting increases. Art. 267 repealed from Ley 26.682 arts. 5 subsections g and m (the SSS's power to authorize/review the premium value), 6, 18, 19, 25 subsection a and 27; art. 268 added art. 30 bis (the law applies only to voluntary members whose link with the insurer is outside the framework of Ley 23.660); and art. 269 replaced art. 17, letting insurers set prices freely with the only limit of a maximum variation of THREE (3) times between the first and last age bracket. The decree's recital declares the objective of 'freeing the price restrictions on the private health-insurance system'. Live risk: 2025 rulings (Federal Civil and Commercial Court No. 8, Nov 15, 2025, among others) declared arts. 267 and 269 unconstitutional, but they are individual in scope, appealable and without erga omnes effect: the deregulation remains in force for the rest of the system. verif Dec 20, 2023 ↗
In force
Published in the Official Gazette on Dec 21, 2023; the DNU declares immediate validity. The amendments to Ley 26.682 are in force since then and remain in force as of June 2026 (the 2025 unconstitutionality rulings are individual, they do not suspend the rule generally). verif Dec 21, 2023 ↗
Who it applies to
Private health-insurance companies and their voluntary members (link outside the framework of Ley 23.660). Insurers come to set the premium value without prior SSS authorization; users are exposed to market prices, with the only structural cap of the maximum 3-times variation per age bracket. verif Dec 20, 2023 ↗
The norm
DNU 70/2023 (DNU-2023-70-APN-PTE) 'Bases para la Reconstrucción de la Economía Argentina', arts. 267, 268 and 269, which amend Ley 26.682 on private health plans. verif Dec 20, 2023 ↗

Our reading

It takes the State off the price-setting table for private health insurers and returns them to the market: less discretionary SSS control, more competition by price and product. It applies rule R4 (deregulation): freeing prices lets supply adjust to demand instead of to the regulator's authorization. What to watch: the line of rulings declaring arts. 267 and 269 unconstitutional already has an admitted collective action, but limited to the members of a single company; we have no record of a measure with general scope, and we did not review a complete court registry. The other risk is Congress: a rejection of DNU 70 in its entirety by the Chamber of Deputies would restore premium control, and the special session of Oct 15, 2026 that attempted it did not reach a quorum, according to the press. thesis

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Where it lands, province by province1

Neuquén A free premium lets a health insurer or a clinic price two things Neuquén has and the national average does not: a membership base on high formal wages, and the cost of bringing in and retaining doctors in an expensive province far from training centers. With premiums authorized by the regulator that differential could not be charged, and supply did not expand. favorable cheaper to respond: investing takes time, held-back supply shows up at once thesis

Which markets depend on this rule1

These niches list this rule among the ones that condition them.

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Ignacio Aredez
Analysis and curation: Ignacio Aredez
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