logo
Private clinics get final say on fees

Private clinics get final say on fees

The Star26-05-2025
Stakeholders: Advisories meant to help GPs find ways to cover rising operational costs
PETALING JAYA: Although some doctors' groups have proposed new service charges in retaliation against the newly enforced rule for displaying drug prices, private clinics can exercise their own autonomy in deciding their fees, says a private practitioners' group.
The Federation of Private Medical Practitioners' Associa­tions Malaysia insists that the proposals made by some of its state affiliates were made in 'good faith', adding that they were meant to help GPs cover the rising operational costs.
Its president Dr Shanmuga­nathan Ganeson said while advisories were issued, it is not compulsory for clinics to fix prices accordingly, and clinics are able to exercise full autonomy in setting their charges.
He was responding to a Malaysia Competition Commis­sion (MyCC) statement last Friday where the commission had cautioned private medical practitioners against introducing new service-­related charges, as it could infringe the Competition Act 2010.
Dr Shanmuganathan revealed that medical practitioners had a dialogue with MyCC in December last year, during which a proposal for a RM20 regulatory compliance charge was considered.
Consequently, he said these state affiliates were mindful of not imposing fixed charges and opted to provide indicative ranges, but the move has since backfired.
'While the meeting with MyCC was constructive, the Competition Act now flags the decision to provide an indicative range as potentially problematic.
'At this point, we are compelled to ask: what are the government's real intentions toward private GP clinics?
'From where we stand, it appears the system is simply tolerating us until something more centralised and controlled is in place.
'Our profession is for patient care and the health of the rakyat,' Dr Shanmuganathan said when contacted.
'We want a sustainable, transparent GP ecosystem that patients can continue to trust.
'If there is no future for general practitioners in Malaysia's health system, we ask for honesty.
'Let us begin to responsibly wind down our practices so that our staff, medical suppliers, and patients are not blindsided when community-based private primary care collapses,' he added.
Dr Shanmuganathan said what was more disturbing was the regulatory imbalance where independent GP clinics are being scrutinised while corporate third-­party administrators (TPAs) continue to suppress fees without equivalent oversight from the authorities.
GP Dr Roland Victor said it is not feasible for the price of medicines prescribed by clinics to be regulated as operating expenses may vary based on location.
'A shophouse in Mont Kiara will cost much more than (one) in Hulu Selangor.
'However, GP consultation fees have remained capped at RM35 for the past 30 years.
'Hence, GPs have no choice but to mark up medicine prices to manage their overhead costs such as rental, staffing and other facilities to sustain their clinics,' he said.
Dr Victor said he was not against the display of drug prices but GPs need to see consultation fees fairly revised for sustainability.
He agreed that TPAs contribute to the escalation of medical costs but they are not being monitored enough, nor are they regulated by the same laws imposed on GPs and clinics.
'These companies often dictate terms and conditions to GPs on how medical charges should be imposed,' Dr Victor said.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

'Pencil box lawyer' not liable in RM7.7mil Medi Circle case, court rules
'Pencil box lawyer' not liable in RM7.7mil Medi Circle case, court rules

New Straits Times

time07-08-2025

  • New Straits Times

'Pencil box lawyer' not liable in RM7.7mil Medi Circle case, court rules

rahmat@ SHAH ALAM: A High Court here has dismissed a lawsuit brought by a hospital operator against its former lawyers, who were accused of professional negligence in a separate medical negligence case. The ruling means Medi Circle Sdn Bhd, which runs a hospital in Bangi, has failed in its bid to sue its former legal counsel. Judge K. Muniandy ruled that the law firm Messrs A M Zaharil & Co, and its partner, Datuk Ahmad Zaharil Muhaiyar, had not breached their duty of care when representing the company. The judge said Medi Circle failed to prove its claims of professional negligence. The case was over a medical negligence claim where the company was ordered to pay RM7.7 million in damages. Ahmad Zaharil is known as the "pencil box lawyer" for a story in which he represented a mother charged with shoplifting a pencil box for her son. The son was later inspired by Ahmad Zaharil's compassion and became a lawyer himself. Medi Circle, which was represented by Ahmad Zaharil in the original medical negligence suit, later filed a separate action claiming that the lawyer had failed to competently defend the company. The hospital operator alleged that key witnesses were not called and that the cross-examination of the plaintiff's witnesses was inadequate. The court, however, ruled that legal strategy decisions, including the conduct of cross-examination and the decision to rely on evidence tendered by co-defendants, fall within the purview of counsel and should not be judged with the benefit of hindsight. "The defendants carried out their scope of duty as retained, and there is no conclusive evidence to show that the alleged professional negligence caused the adverse outcome in the medical negligence claim," the judge said in his 20-page written judgment dated Aug 5. "The plaintiff failed to establish a direct causal link between the alleged negligence and the loss suffered, particularly given the affirmation of liability against the plaintiff by the appellate courts." Muniandy said Medi Circle had the opportunity to raise concerns or appoint alternative counsel during the trial, but did not do so until a much later stage. "Even then, the plaintiff could have taken steps to recall witnesses or adduce further evidence, but such steps were not taken," he said. The court also found that the hospital had failed to provide its lawyers with crucial information and medical records needed to mount a proper defence. The judge said the absence of these documents was cited by the appellate courts as a major factor in upholding the finding of negligence against the hospital. Muniandy also dismissed the company's allegation that Ahmad Zaharil had fallen asleep during the trial, citing a lack of conclusive evidence. "Based on the available evidence, this court finds no conclusive proof that the second defendant was in fact asleep," he said, adding that Ahmad Zaharil was also assisted by an associate who was present at the trial. The court also awarded RM20,000 in costs to the defendants.

Health Ministry to present vape ban timeline to Cabinet
Health Ministry to present vape ban timeline to Cabinet

New Straits Times

time01-08-2025

  • New Straits Times

Health Ministry to present vape ban timeline to Cabinet

KUALA LUMPUR: The Health Ministry will present a timeline for a full ban on the use and sale of electronic cigarettes or vapes to the Cabinet, pending input from health experts. Health Minister Datuk Seri Dr Dzulkefly Ahmad said the ministry is currently awaiting recommendations from the health expert community before taking the next step. "As for a timeline, I cannot provide an exact date. What I can confirm is that we will continue to review and evaluate the matter. "Once the expert community provides its recommendation to the ministry and the minister, we will present it to the Cabinet for consideration," he said at a press conference after Op Selamat Paru-Paru (Op Selamat PaPa) here today. Dzulkefly said the ministry is currently in the educational enforcement phase of the Control of Smoking Products for Public Health Act 2024 (Act 852), which regulates vaping products and is scheduled for full enforcement on Oct 1. He said the ministry now is moving towards a total ban on vape products based on scientific and medical evidence including real-life cases. "I want to reiterate that the issue is not if a ban will happen, but when. It is only a matter of time. "We want this to be executed thoroughly, not hastily, because there are significant legal implications, public health consequences and evidence that must be carefully scrutinised. "We will proceed based on a detailed, evidence-based approach," he said. He said any decision regarding a full ban would also need to consider legal and policy impacts, and the ministry is committed to a measured approach that weighs all relevant factors. Meanwhile, on Op Selamat PaPa, he said as of now, 281,381 premises have been inspected nationwide, and 459 investigation papers have been opened for various offences. Of these, he said, 340 cases were opened under Section 7 for the offence of advertising smoking products. "Another 68 investigation papers were opened under section 14 for selling smoking products not in accordance with the prescribed pricing and conditions. "51 investigation papers were opened under section 15 for manufacturing, importing or distributing smoking products that do not comply with packaging and labelling requirements," he said. He said upon conviction, first-time corporate offenders face a fine of RM20,000 to RM100,000, imprisonment of up to two years, or both. For repeat offences, he said, the penalty increases to a fine of RM50,000 to RM300,000, imprisonment of up to three years, or both.

Govt mulls nationwide vape ban
Govt mulls nationwide vape ban

Malaysian Reserve

time29-07-2025

  • Malaysian Reserve

Govt mulls nationwide vape ban

by SHAUQI WAHAB THE government is considering implementing a nationwide ban on the sale and use of electronic cigarettes or vape products. This move is part of a broader public health agenda aimed at protecting the youth from the harmful effects of nicotine and vaping-related products. Health Minister Datuk Seri Dr Dzulkefly Ahmad said the proposal is still under careful consideration, with the government evaluating various legal, enforcement and public health implications before reaching a final decision. 'We are conducting a comprehensive review to assess the effectiveness of current control measures and the need for more holistic policies to safeguard the well-being of the people,' he said in response to a supplementary question in Parliament on July 28, noting that any decision on a full ban remains under the jurisdiction of the federal government. To this end, a meeting of the Expert Committee was held on July 22, and the Ministry of Health (MOH) will soon hold inter-ministerial discussions with four key ministries: The Ministry of Finance (MOF), Ministry of Domestic Trade and Cost of Living (KPDN), Ministry of Investment, Trade and Industry (MITI) and the Attorney General's Chambers (AGC). Dr Dzulkefly was responding to a question by Datuk Ahmad Saad @ Yahaya (Perikatan Nasional (PN)-Pokok Sena) regarding the federal government's stance on several state governments' decision to halt the issuance of vape retail licenses. He added that enforcement actions are being intensified. A distributor in Kinta, Perak, was fined RM20,000 for advertising offences, while another in Titiwangsa, Kuala Lumpur, faced a RM30,000 charge for online vape sales. The Health minister also welcomed the decision made by six state governments — Johor, Kelantan, Terengganu, Perlis, Kedah and Pahang — to stop issuing or renewing vape business licenses. 'We support these decisions, as licensing of business premises falls under the jurisdiction of local authorities, which are governed by state governments,' he said. Dr Dzulkefly acknowledged that while the current enforcement framework aligns with the government's public health aspirations, there are still gaps in control. The restrictions only apply to specific premises such as specialty stores and do not yet cover convenience stores or general retailers. He stressed that the MOH is prioritising strict regulatory control through the newly passed Control of Smoking Products for Public Health Act 2024 (Act 852). 'This includes mandatory product registration, bans on advertising, promotion and sponsorship, restrictions on sales, and prohibitions on smoking in designated smoke-free areas,' he added. To ensure comprehensive enforcement of Act 852, the ministry will officially launch an integrated nationwide operation dubbed Ops Selamat Paru-Paru this Friday. This operation aims to ensure that enforcement of Act 852 is conducted comprehensively, in a coordinated and effective manner across the country,' he said. He emphasised that enforcement needs to go beyond just state actions to revoke business licenses.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store