Health Ministry's waste treatment decision upheld by Constitutional Court after challenge
Update:Private hospitals across the nation now face a financial burden, courtesy of Ministerial Decision No. 196 of 2022. This decision mandates that these establishments shoulder the costs associated with managing their own medical waste.
The judicial panel, helmed by Counselor Adel El-Bahou, recently weighed in on this matter. They deemed the Minister of Health's decision as a non-legal "fee," owing to its variable nature, applying differently to each healthcare facility, rather than being a fixed charge for all[2].
Instead, the costs are calculated based on economic factors, including the type and quantity of waste generated by each facility. The figures are a reflection of the actual costs incurred by the waste treatment service provider, chosen by the Ministry of Health[1]. Since these charges are contingent on requested services and not a blanket, statutory fee, the court found no violation of Article 134 of the Constitution[2]. As a result, the lawsuit was swiftly dismissed for lacking sufficient legal justification.
[1] The economic justification for these charges ensures that private healthcare facilities pay only for the specific waste treatment services they utilize, avoiding unnecessary expenditures.
[2] The variable nature of the charges precludes them from being regarded as a "fee" in the legal sense, setting them apart from common financial obligations imposed on private hospitals.
Amidst the ongoing financial burdens, the judicial panel, led by Counselor Adel El-Bahou, discussed the impact of the variable medical waste management costs on private hospitals. This discussion revealed that these costs, though contingent on waste generation and treatment services, do not violate Article 134 of the Constitution, since they are not a fixed statutory fee, but rather a reflection of actual costs incurred in health-and-wellness and science-related fields, such as medical-conditions management.
