Health Ministry's waste treatment decision upheld by Constitutional Court following rejected appeal
Revised Output
Private healthcare facilities are now on the hook for treating their own medical waste, thanks to Ministerial Decision No. 196 of 2022. The ruling, handed down by the Constitutional Court, asserts that the decision doesn't amount to a "fee" as it's not fixed and uniform, but rather based on factors like waste type and quantity. The costs, in essence, reflect the actual price of the waste treatment service.
The decision, led by Counselor Adel El-Bahou, was reported by Al-Rai newspaper. It does not violate Article 134 of the Constitution, as the costs are tied to services requested by the medical facilities, not imposed as a flat fee. As a result, the lawsuit was tossed out for lack of legal grounds.
The decision's economic background involves cost allocation, private sector burden, and potential concerns about monopolization. Shifting the financial burden to private entities is likely part of a strategy to prevent public funds from being drained for waste management generated by private healthcare. Moreover, the decision's fairness is balanced against the public's health and constitutional economic fairness concerns.
In essence, Ministerial Decision No. 196 of 2022 makes private healthcare providers financially responsible for managing their medical waste, aiming to maintain accountability within the private sector while preserving constitutional principles. This shift in responsibility aligns with requirements likely including Article 134, ensuring that costs are legally enforced, regulated, and subject to ongoing judicial review.
The implementation of Ministerial Decision No. 196 of 2022 signifies a new approach to health and wellness, as it mandates private healthcare providers to manage their own medical waste. This decision, influenced by economic considerations, is expected to foster scientific advancements in waste management while maintaining accountability and adherence to constitutional economic principles in the medical-conditions sector.
