Health Ministry's waste treatment decision upheld by Supreme Court, rejecting appeal
In a recent turn of events, the Constitutional Court has declared a rejection on an appeal submitted by the President of the Federation of Private Medical Professionals. This appeal aimed to challenge Ministerial Decision No. 196 of 2022, mandating private healthcare facilities to foot the bills for treating medical waste.
Presiding over the court was Counselor Adel El-Bahou, who ruled that this Ministerial Decision isn't considered a "fee" in the legal sense, as it doesn't set a fixed amount to be applied across all health facilities uniformly. Instead, the costs are calculated based on economic factors, factors such as the type and quantity of waste produced. These costs mirror the actual expenses incurred by the service provider hired by the Ministry of Health to run the waste treatment plant.
The Al-Rai newspaper reported that these costs aren't static, as they're tied to the services requested by the medical facilities and not uniformly imposed as a legal fee. Consequently, the court deemed that the decision doesn't infringe upon Article 134 of the Constitution, resulting in the dismissal of the lawsuit due to lack of substantial legal grounds.
While there isn't explicit data available on Ministerial Decision No. 196 of 2022 and its associated economic factors, insights can be drawn from recent rulings and regulatory frameworks in countries like Kuwait and Brazil. For instance, in comparable frameworks, waste treatment costs are determined by factors such as the type and quantity of waste, as well as the actual costs associated with providing the service, including operational expenses (e.g., labor, equipment, and compliance with environmental standards).
There may also be adjustments for regional pricing variations and annual inflation as observed in some healthcare pricing models, like the one in Brazil. Keep in mind that these insights are derived from similar cases, and for precise details on Ministerial Decision No. 196 of 2022, consult the official text of the decision or authorized governmental publications.
- The dismissal of the lawsuit against Ministerial Decision No. 196 of 2022 means that private healthcare facilities continue to bear the costs of treating medical waste.
- The costs associated with treating medical waste are not fixed and are instead calculated based on economic factors such as the type and quantity of waste produced.
- The Al-Rai newspaper reported that these costs are tied to the services requested by the medical facilities and not uniformly imposed as a legal fee.
- In countries like Kuwait and Brazil, similar waste treatment costs are determined by factors such as the type and quantity of waste, service provider expenses, and regional pricing variations.
