Health Ministry's waste treatment decision upheld by Constitutional Court following appeal dismissal
Private healthcare facilities in the country have been hit with a new cost, as the Constitutional Court recently upheld Ministerial Decision No. 196 of 2022, mandating these facilities to cover the expenses of treating medical waste. The decree, initially challenged by the President of the Federation of Private Medical Professionals, was found not to violate any constitutional rights.
According to the ruling, headed by Counselor Adel El-Bahou, the decision isn't considered a "fee" in the legal sense, as it isn't a fixed amount applied across all health facilities. Instead, the costs are calculated based on factors that include the type and quantity of waste produced, mirroring the real-world cost of the service provided by the contracted waste treatment plant operator.
By requiring private healthcare providers to bear the costs of medical waste disposal, several economic benefits are achieved. These benefits include internalizing the costs of environmental impacts, promoting cost allocation and equity among providers, incentivizing efficiency, ensuring regulatory compliance, and providing budgetary relief for the public sector.
In practice, this decision encourages private healthcare facilities to adopt more sustainable waste management practices, reducing costs associated with pollution and environmental degradation. Facilities will also have an incentive to minimize waste production and seek cost-effective disposal solutions, potentially leading to innovative technological and procedural advancements.
On top of that, the decision ensures compliance with environmental and public health regulations, ultimately safeguarding the community from the potential health hazards and environmental pollution associated with improper disposal of medical waste. Lastly, by shifting the financial burden of medical waste treatment from the public sector to private entities, resources can be better allocated to other pressing public health priorities.
While the court's decision focused solely on the legality of the mandate, it's important to note that this practice aligns with wider environmental and health policy objectives. A series of economic factors, including internalization of costs, cost allocation and equity, incentive for efficiency, regulatory compliance, and budgetary relief for the public sector, all contribute to justifying the decision.
- The Constitutional Court's decision in 2022, declaratively non-violative of any constitutional rights, requires private medical facilities to cover the costs of treating medical waste, a decision upheld by Counselor Adel El-Bahou.
- This decision, not tantamount to a fee in the legal sense, is instead based on the types and quantities of waste produced, mirroring the real-world cost of the service from the contracted waste treatment plant operator.
- Aligning with environmental and health policy objectives, this ruling promotes internalization of costs, cost allocation and equity among providers, incentivizes efficiency, ensures regulatory compliance, and provides budgetary relief for the public sector.
- As a result of this decision, private healthcare facilities are encouraged to adopt sustainable waste management practices, minimizing costs associated with pollution and environmental degradation, and possibly leading to technological and procedural advancements.
