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20 years

Law forces CCSS to spend millions on artwork instead of patient care

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August 23rd, 2013 (InsideCostaRica.com) Costa Rica’s public healthcare system, CCSS (Caja) is challenging a 1982 law that requires it to divert millions of dollars that could be used for patient care to the purchase of works of art in order to “stimulate” the arts in Costa Rica.

 

Since the law was enacted, CCSS has acquired 533 pieces of art, including expensive sculptures, paintings, murals, lithographs and more.

 

Many such pieces of art are actually in the offices of CCSS employees, and few are available for public enjoyment.

 

The present value of works of art owned by the CCSS is ¢ 2.1 billion (about $4.2 million), funds which could be used to purchase medicine, equipment, or improve hospital infrastructure.

 

The CCSS is obligated by Law No. 6,750 for the Encouragement of Costa Rican Fine Arts to purchase the artwork.

 

Under the law, CCSS as well as other state bodies must invest between 1% and 2% of the total cost of any new infrastructure in the acquisition of works of art.

 

The most expensive piece in CCSS’s vast collection is the sculpture La Maternidad, worth $1 million.  It is located in the halls of the Women’s Hospital.

 

CCSS Executive President, Ileana Balmaceda has decided to challenge the law, and her challenge has been welcomed by the Constitutional Court (Sala IV).

 

Balmaceda’s challenge is based on Article 73 of the Constitution, which stipulates that social insurance resources – such as those for healthcare – “may not be transferred or used for purposes other than those for which they were created.”

 

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  • El Torito

    The law was enacted 30 years ago and the Caja is only just getting around to challenging it now? Geez!

  • prdatki

    They need more Doctors, they do not need art!Cut the pay and benefits of the appointed and elected officilals, then hire more Doctors.

  • Chris Holt

    Only in the land of “That can’t be Right”

  • Ken Morris

    On its face, this sounds bad, but when you consider that only 1-2% of infrastructure spending must be on art–and that presumably excludes employees’ salaries, medicines, etc.–we’re talking pocket change. Plus, when you build something, it probably ought to include art. The fact that the art is sitting in employees’ offices and the CCSS is complaining about it illustrates just how poorly that outfit has been managed. Evidently previous managers saw the mandate as an opportunity to decorate their personal offices rather than for what it was intended, and now the current head wants to sell it off. Fine, but the art law is probably a good one that hardly cost the taxpayers anything. It was just mismanaged like everything else in CCSS.

  • stfree

    The intent of this 32 y/o law was to encourage the local artistic community in a time when the country wasn’t drowning in debt and over-reaching. The basic idea’s not so bad on it’s face but, and as usual, the writers of the laws failed to create a structure that accomplished the purpose sensibly.

    1-2% of a “infrastructure” project doesn’t sound like much (and wasn’t 32 years ago) but where large buildings are being constructed, it is a significant amount of money. Rather than the blanket percentage of TOTAL construction, there should have been controls on which projects would get this funding and where within.

    The projects that have significant public access, such as the Registro, common meeting areas and the areas of governmental buildings that are open to public access should be the ONLY spaces to receive these works of art and proportionate allocation of funds. As it is, a lot of the art is squirreled away in some closed office. I wonder if a new prison would be required to have “art” included. Is ICE adorned with art in it’s generator rooms? Should we expect a gallery crawl through the halls of the new sewage treatment plant?

    32 years ago Costa Rica was a very different country. It might have been a nice idea then but that time has flown. Kudos to CCSS Executive President, Ileana Balmaceda for challenging this law. Her challenge has been welcomed by the Constitutional Court (Sala IV).

    Her challenge is based on Article 73 of the Constitution, which stipulates that social insurance resources – such as those for healthcare – “may not be transferred or used for purposes other than those for which they were created.”

    The Constitution trumps subsequent Legislative Acts and this challenge will be decided quickly. This is a simple legal decision. My biggest gripe is that 32 years of CCSS “managers” failed to see this waste. But late IS better than never.

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