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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Unfair Discrimination and Infringement of Equality of Insured Persons by Limiting the Number of Dialysis Treatment
Unfair Discrimination and Infringement of Equality of Insured Persons by Limiting the Number of Dialysis Treatment

The Plaintiff who was an insured person under the Social Security Act, B.E. 2533 (1990) was diagnosed with having chronic kidney disease and a doctor determined that he had to receive dialysis treatment. The Plaintiff was charged for the treatment; however, he could not afford to pay the medical fees so he claimed medical expense reimbursement under the Social Security Act. Clause 5 (1) (b) of the Rules, Conditions and Rate of Medical Fees for Renal Replacement Therapy, the annex of the Announcement of the Medical Committee on the Rule and Rate of Benefit Reimbursed from Illness Not Occurring from Work, specifies that the rate of dialysis fees shall be no more than 1,500 Baht per time and no more than 4,500 Baht per week and an insured person shall be responsible for an excess of the fees. Consequently, the Plaintiff could not access to medical treatment because he could not afford to pay uncovered fees. Thus, the Plaintiff filed a case with the Administrative Court requesting the Court to revoke Clause 5 (1) (b) of the rules and to order the Defendants No.1 to No.4 to determine how the Plaintiff would receive dialysis treatment by not requiring him to pay an excess of the dialysis fees or treatment approval. The Supreme Administrative Court held that the limitation of the number of dialysis treatment per week was different from the benefit provided by the Universal Health Coverage Scheme and created a burden to an insured person since he or she had to pay an excess of medical expenses. In addition, there was no adequate reason to support the decision to limit the number of treatment per week to be different 







ปรับปรุงข้อมูลเมื่อ : 4 มี.ค. 2565, 09:30 น. | กลับขึ้นด้านบน |