Court: Dentists Offering 'Scaling Patient Co-Payment Discounts' Should Have Licenses Suspended

Gajin is unrelated to the article content. [Image source=Pixabay]

[Asia Economy Reporter Kim Daehyun] A dentist who was suspended for discounting the patient’s share of scaling fees filed an administrative lawsuit after objecting to the suspension, but lost in the first trial.

On the 18th, the Administrative 14th Division of the Seoul Administrative Court (Presiding Judge Lee Sanghoon) announced that in the first trial of the lawsuit filed by dentist A against the Minister of Health and Welfare to cancel the suspension of his dental license, the plaintiff lost.

Previously, A operated a dental clinic in Namdong-gu, Incheon, and treated five patients with scaling and other procedures in 2018. He was fined 500,000 won for giving a discount of 61,900 won out of the total 86,900 won patient co-payment under the National Health Insurance, violating the former Medical Service Act.

Regarding this, the Ministry of Health and Welfare judged that "A engaged in acts of introducing, mediating, or otherwise enticing patients to medical institutions or medical personnel for profit," and suspended his dental license for two months from August 1, 2021, to September 30, 2021.

A, who filed an administrative lawsuit against the Ministry of Health and Welfare’s decision, argued that "the discount on the patient’s co-payment was due to a mistake by a dental staff member" and that "there was no intention to violate the former Medical Service Act."

However, the court did not accept A’s argument, stating, "Considering the legislative purpose of the Medical Service Act, which aims to protect and promote public health, there is a significant public interest in strictly regulating violations of the Medical Service Act."

The court ruled, "Attracting patients through discounts on co-payments may lead to excessive medical treatment, adversely affecting the finances of the National Health Insurance," and "such acts can cause excessive competition among medical institutions and disrupt the order of the medical market." The court also pointed out that A had initially stated to the police, "I knew that discounting co-payments under the Medical Service Act was punishable, but I think I made a mistake due to an error."

Furthermore, the court added, "During the enforcement period of this disposition, A can continue to operate the dental clinic as before by employing substitute dentists," and "the public interest achieved by this disposition outweighs the disadvantages A will suffer."