Health Ministry's waste treatment decision upheld by the Constitutional Court after an appeal was rejected
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Private healthcare facilities in the Federation of Private Medical Professionals' turf have hit a snag, as the Constitutional Court rejected their appeal against Ministerial Decision No. 196 of 2022. This decision mandates that private healthcare facilities shoulder the expense of treating medical waste, a move that's been a point of contention.
Headed by Counselor Adel El-Bahou, the court has deemed this ministerial decree not to be a "fee" in the legal sense. It's not a fixed amount applied across all health facilities, but rather a cost calculated based on economic factors, such as the type and quantity of waste generated.
The cost calculation takes into account the specific classification and volume of medical waste, which influences the treatment methods and expenses involved. Moreover, it reflects the operational expenditures, including disposal technology, transportation, labor, and regulatory compliance measures necessary for safe medical waste management.
The court ruled that since these costs are not uniformly imposed as a statutory fee but tied to services requested by the medical facilities, the decision doesn’t violate Article 134 of the Constitution. Consequently, the lawsuit was dismissed due to a lack of legal grounds.
So, private healthcare facilities must bear the expenses for treating their medical waste, as decided by the Minister of Health, based on a range of economic factors.
- The Constitutional Court dismissed the appeal by private healthcare facilities against Ministerial Decision No. 196 of 2022, which mandates that they bear the costs of treating medical waste.
- This decision was based on the court's determination that the ministerial decree is not a legal "fee," but rather a cost calculated according to economic factors like the type and quantity of waste generated.
- Counselor Adel El-Bahou, the court's head, explained that the cost of treating medical waste is influenced by factors such as the specific classification and volume of waste, treatment methods, as well as disposal technology, transportation, labor, and regulatory compliance measures.
- In light of these considerations, the court ruled that the ministerial decision doesn't contravene Article 134 of the Constitution, as the costs are not uniformly imposed but tied to the services requested by the medical facilities within the realm of science, medical-conditions, and health-and-wellness.
