Constitutional Court Rules "Fixed Regulation on Hemodialysis for Chronic Renal Failure Patients Is Constitutional"

[Asia Economy Reporter Seongpil Cho] The Constitutional Court has ruled that the current Ministry of Health and Welfare notice, which sets a fixed fee for outpatient hemodialysis costs for patients with chronic kidney failure, does not violate the Constitution.

On the 4th, the Constitutional Court announced that it dismissed a constitutional complaint filed by the medical community by a 6 to 3 vote. The complaint argued that "setting a fixed medical benefit fee for outpatient hemodialysis for chronic kidney failure patients infringes on the constitutionally guaranteed fundamental rights of doctors and medical benefit recipients."

The court stated, "Given the rapid increase in outpatient hemodialysis medical costs, the fee standard was introduced to ensure financial stability and to provide appropriate and sustainable medical benefits," and judged that "the legitimacy of the purpose and the appropriateness of the means are recognized."

However, Justices Eun-ae Lee, Ki-young Kim, and Hyung-bae Moon dissented. They stated, "Applying a uniform fixed fee without considering alternatives that could minimize restrictions on doctors' discretion in treatment fails to meet the requirements of minimal infringement and balance of legal interests."

Previously, the petitioners, composed of doctors and Type 1 medical benefit recipients, filed the constitutional complaint claiming that the fixed fee for outpatient hemodialysis "does not reflect changes in the medical environment, consumer price increases, or rising minimum wages, maintaining a low amount that is only 80% of the actual treatment cost."

According to Article 7, Paragraphs 1 and 2 of the related Ministry of Health and Welfare notice, "Standards for Medical Benefit Fees and General Standards," outpatient hemodialysis for chronic kidney failure patients is calculated at a fixed fee of 146,120 KRW per session. This cost includes consultation fees and examination fees.

This content was produced with the assistance of AI translation services.