The top management of the Andalusian Health Service (Servicio Andaluz de Salud, SAS) is at the center of a court case involving the signing of emergency contracts after the pandemic subsided. During court hearings, current SAS head Valle García and her predecessors, Miguel Ángel Guzmán and Diego Vargas, openly admitted that they did not comply with a 2021 order from the Andalusian Finance Ministry (Consejería de Hacienda), which required an end to the practice of awarding emergency contracts. Officials justified their actions by citing the urgent need to respond to the consequences of the healthcare crisis.
The trial and the defense stance
During questioning, all three SAS leaders appeared as suspects in a case concerning the legality of contracts worth €242 million signed with private clinics between 2020 and 2024. They refused to answer questions from the prosecution, confining their responses to the judge, prosecutors, and their own attorneys. Their main argument centered on protecting public interests during a period of unprecedented pressure on the healthcare system.
Despite the fact that Spain’s Ministry of Finance and central authorities had officially canceled the possibility of emergency contracting, SAS management continued to use this mechanism. They claimed the situation in hospitals remained so critical that switching to competitive procurement procedures was impossible. As a result, most contracts with private healthcare providers were signed without a tender.
Reasoning behind the decisions and details of the investigation
Diego Vargas, one of the former SAS executives, when asked by the prosecutor whether open tenders could have resumed once financial reports were received, stated that the healthcare system was under such pressure that there was no alternative to emergency contracts. He emphasized that he still carries painful memories of the number of pandemic victims. The other executives also cited extreme necessity and uncertainty about the future, which they believed justified the continued practice of direct contracting.
The legal proceedings have been ongoing for several months. Investigators are trying to determine why emergency procurement continued in Andalusia even after the legal basis was revoked, while other regions in Spain had already returned to standard procedures. The judge and prosecutors have not received a clear answer from the accused.
Political accusations and internal disagreements
Last week, members of the opposition party PSOE accused Valle García of signing illegal addendums to a contract with the private Cedico clinic. They claimed these actions were intended to legitimize submitted invoices. García denied the allegations, stating that no new contracts were signed and the addendums concerned medical services that had already been provided. She also emphasized that she had acted strictly within the law.
During court hearings, disagreements between representatives of SAS and the Andalusian Ministry of Economy and Finance surfaced. The deputy minister of Economy and Finance said that the change in the contract oversight system for SAS in 2020 was initiated following a verbal request between deputy ministers. However, Miguel Ángel Guzmán disputed this account, insisting the initiative did not come from SAS, and the former chief auditor had complained about pressure from other auditors. According to him, the idea to change the oversight system did not originate with SAS management.
Investigation continues amid public outcry
The scandal over emergency contracts in Andalusia’s healthcare system has sparked widespread public outcry. Questions regarding the transparency and legality of budget spending remain unanswered. Court proceedings are ongoing, and the outcome could have a significant impact on future public procurement practices in the region.
While the defendants maintain that they acted solely in the interests of patients and the healthcare system, the investigation continues to review documents and testimonies. A court ruling on this case is expected in the coming months, which could set a precedent for all of Spain.
