If Medical Treatment Is Refused or Neglected, Exclusion from 'Health Insurance Medical Expense Advance Payment' Applies
The government announced on the 18th that it will "do its best to minimize patient damage caused by the illegal collective refusal of medical treatment by the Korea Medical Association (KMA) and to ensure a swift resolution." The government plans to strengthen the emergency medical system, and if the collective strike prolongs causing hospital losses, it will consider claiming damages and excluding hospitals that tolerate collective refusal of medical treatment from the advance payment of health insurance medical fees. In particular, it showed a tough stance by mentioning that changes in executives and even dissolution of the KMA are possible.
Following the indefinite closure of Seoul National University Hospital, on the 18th, hospitals and clinics nationwide decided to close under the leadership of the Korea Medical Association. A notice indicating closure on the 17th and normal operation on the 18th is posted at a hospital in Seoul. Photo by Jo Yongjun jun21@
Jeon Byeong-wang, Director of Health and Medical Policy at the Ministry of Health and Welfare, said at the 'Central Disaster and Safety Countermeasures Headquarters (CDSCH) for Doctors' Collective Action' briefing on the 18th, "We will strictly respond to illegal acts while doing our best to engage in dialogue and persuasion with the medical community."
Director Jeon stated, "Collective refusal of medical treatment violates the purpose and intent of the establishment of the KMA," adding, "The government may restrict certain freedoms as prescribed by the Constitution and laws when necessary to protect the public welfare and maintain social order, including protecting the life rights of the people." He further added, "Since doctors are granted benefits such as supply restrictions through the licensing system and exclusive authority, they must fulfill their professional and ethical responsibilities to protect the lives of the people and comply with legal obligations under the Medical Service Act."
He explained that if actions violate the purpose and intent of the establishment, "corrective orders may be issued, and in extreme cases, changes in executives or even dissolution of the corporation are possible."
The KMA expressed in a public appeal the day before, "The medical community tried to avoid collective action by presenting three major demands, including reconsideration of the increase in medical school quotas on the 16th, but since the government ruthlessly rejected them, we decided to inform the public that the government's misguided medical policy poses a tremendous threat to the lives and health of the people."
In response, Director Jeon urged, "We call on them to stop attempting to enforce policy demands on the government based on illegal collective refusal of medical treatment and to resolve issues through dialogue."
The government plans to respond strictly to this collective refusal of medical treatment. Following a request on the 13th to university hospital directors to prohibit some professors from participating in the collective strike, the government will request consideration of claims for damages if the collective refusal by some professors prolongs and causes hospital losses, and will also consider excluding hospitals that tolerate collective refusal from the advance payment of health insurance medical fees.
The government has also decided on a strong response to the KMA's planned collective refusal of medical treatment on this day. On the 14th, it sent orders prohibiting collective action and incitement to the KMA executive board, and the day before, it reported the KMA to the Fair Trade Commission for violating the Fair Trade Act by encouraging illegal refusal of medical treatment.
Director Jeon said, "If hospitals unilaterally cancel medical treatment without prior notice to patients, causing harm, they will be fully prosecuted for refusal of medical treatment under Article 15 of the Medical Service Act."
On the 10th, the government issued medical treatment orders and strike reporting orders to approximately 36,000 medical institutions nationwide. Although the pre-identified strike reporting rate is about 4%, the government and local governments issued work commencement orders at 9 a.m. to minimize medical service gaps. They explained that they will closely monitor strike status going forward. Director Jeon said, "We will also request investigations and take strong measures against social network service (SNS) posts that encourage illegal collective refusal of medical treatment while superficially claiming voluntary participation."
At the same time, the government plans to concentrate all efforts on a seamless emergency medical system.
Since the day before, the government has been operating a nationwide rotation duty system for severe emergency diseases to minimize disruption in emergency patient care, and is operating National Cancer Center beds at maximum capacity to ensure timely treatment for cancer patients. Medical assistant (PA) nurses will also be gradually expanded through allowance payments in July and August and educational support in the second half of the year. Since establishing the emergency medical measures in February, the government has invested 1 trillion won in health insurance finances and contingency funds, deployed 547 public health doctors and military doctors, supported 1,627 newly hired doctors and nurses, and supported 11,395 medical assistant nurses, strengthening both material and human resources support.
To ensure patients do not experience inconvenience in using medical institutions, the government will actively provide information on hospitals and clinics that are open and medical institutions capable of non-face-to-face treatment. Related information can be confirmed through the Health and Welfare Call Center at 129 without an area code, the 119 Emergency Situation Management Center, the National Health Insurance Service, and the Health Insurance Review & Assessment Service via telephone.
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