September 2024
Taiwan’s Ministry of Health and Welfare Amends the Enforcement Rules of the Medical Care Act to Regulate Overcharged Expenses and Restrict Disclosure of Medical Expert Testimony
September 2024
Teresa Huang and Andrew Huang
On July 30, 2024, Taiwan’s Ministry of Health and Welfare (hereinafter “MOHW”) amended two articles of the Enforcement Rules of the Medical Care Act (hereinafter the “Rules”), which are summarized below:
1. Empower the Competent Authority to Regulate Overcharged Medical Expenses Collected by Medical Institutions (Article 11, Paragraph 4 of the Rules)
The current Article 108, Subparagraph 7 of the Medical Care Act penalizes medical institutions solely for overcharging medical expenses or imposing unauthorized fees, and failing to refund such amounts to the patient within a specified period after an investigation. However, it does not empower the competent authority to enforce timely refunds from violators. To address this issue, a new Paragraph 4 has been added to Article 11 of the Rules, stipulating that the competent authority may notify the medical institution to refund the overcharged amount or unauthorized fee to the patient within a specified timeframe following a confirmed investigation.
2. MOHW Restricts Disclosure of Medical Expert Testimony Information (Article 64-1 of the Rules)
To ensure professional judgment, maintain objectivity and fairness in medical expert testimony, prevent disruptions to the MOHW’s Medical Review Committee (hereinafter the “Committee”) operations, and protect individuals’ privacy rights, a new Article 64-1 has been added to the Rules. This article stipulates that when the Committee is entrusted by judicial or prosecutorial authorities to handle medical expert testimony (as outlined in Article 98, Paragraph 1, Subparagraph 4 of the Medical Care Act), the preparation work, process details, names of doctors, committee members, and experts, as well as related documents or materials, should be restricted from disclosure or not provided in accordance with the Freedom of Government Information Law.
The contents of all materials (Content) available on the website belong to and remain with Lee, Tsai & Partners. All rights are reserved by Lee, Tsai & Partners, and the Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior permission of Lee, Tsai & Partners.
The Content is for informational purposes only and is not offered as legal or professional advice on any particular issue or case. The Content may not reflect the most current legal and regulatory developments. Lee, Tsai & Partners and the editors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The contributing authors' opinions do not represent the position of Lee, Tsai & Partners. If the reader has any suggestions or questions, please do not hesitate to contact Lee, Tsai & Partners.
Teresa Huang and Andrew Huang
On July 30, 2024, Taiwan’s Ministry of Health and Welfare (hereinafter “MOHW”) amended two articles of the Enforcement Rules of the Medical Care Act (hereinafter the “Rules”), which are summarized below:
1. Empower the Competent Authority to Regulate Overcharged Medical Expenses Collected by Medical Institutions (Article 11, Paragraph 4 of the Rules)
The current Article 108, Subparagraph 7 of the Medical Care Act penalizes medical institutions solely for overcharging medical expenses or imposing unauthorized fees, and failing to refund such amounts to the patient within a specified period after an investigation. However, it does not empower the competent authority to enforce timely refunds from violators. To address this issue, a new Paragraph 4 has been added to Article 11 of the Rules, stipulating that the competent authority may notify the medical institution to refund the overcharged amount or unauthorized fee to the patient within a specified timeframe following a confirmed investigation.
2. MOHW Restricts Disclosure of Medical Expert Testimony Information (Article 64-1 of the Rules)
To ensure professional judgment, maintain objectivity and fairness in medical expert testimony, prevent disruptions to the MOHW’s Medical Review Committee (hereinafter the “Committee”) operations, and protect individuals’ privacy rights, a new Article 64-1 has been added to the Rules. This article stipulates that when the Committee is entrusted by judicial or prosecutorial authorities to handle medical expert testimony (as outlined in Article 98, Paragraph 1, Subparagraph 4 of the Medical Care Act), the preparation work, process details, names of doctors, committee members, and experts, as well as related documents or materials, should be restricted from disclosure or not provided in accordance with the Freedom of Government Information Law.
The contents of all materials (Content) available on the website belong to and remain with Lee, Tsai & Partners. All rights are reserved by Lee, Tsai & Partners, and the Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior permission of Lee, Tsai & Partners.
The Content is for informational purposes only and is not offered as legal or professional advice on any particular issue or case. The Content may not reflect the most current legal and regulatory developments. Lee, Tsai & Partners and the editors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The contributing authors' opinions do not represent the position of Lee, Tsai & Partners. If the reader has any suggestions or questions, please do not hesitate to contact Lee, Tsai & Partners.
