Did the Health Ministry overstep by issuing billing rules via TikTok Live?

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Health Ministry Accused of Improperly Issuing Billing Directives via TikTok Live

A senior Health Ministry officer's purported announcement of new billing requirements for private clinics via a TikTok Live broadcast has drawn strong criticism from the Federation of Private Medical Practitioners’ Associations Malaysia (FPMPAM). FPMPAM asserts that this method of communication lacks legal basis and is an inappropriate channel for introducing such directives, arguing that doctors are governed by the Medical Act 1971 and the Private Healthcare Facilities and Services Act 1998, not the Price Control and Anti-Profiteering Act 2011.
Guidance Lacked Legal Foundation

The FPMPAM stated that the guidance, allegedly announced by Mohemmad Redzuan Mohd Rizal from the Pharmaceutical Services Programme, was delivered through a social media platform without any formal directive, circular, or legislative amendment. This approach is viewed by FPMPAM as an overreach, particularly as doctors' practices are regulated under distinct legislation.
Distinction Between Clinical Governance and Retail Pricing

Dr Shanmuganathan Ganeson, president of FPMPAM, emphasised that medical practitioners are not retailers. He clarified that the itemisation of consultation fees, procedures, and medications falls under clinical governance, which is distinct from pharmaceutical jurisdiction. This distinction is crucial as it separates medical practice from the typical retail pricing regulations.
Concerns Over Patient Costs and Consultation Process

FPMPAM expressed concern that mandating itemised billing without legislative backing could inadvertently lead to increased costs for patients. The association highlighted that while itemised billing is available upon request, making it mandatory through unofficial channels is considered legally flawed and professionally inappropriate. FPMPAM has requested the Ministry of Health to clarify the applicability of the Price Control and Anti-Profiteering Act 2011 to private clinics and to cease issuing instructions via social media, advocating instead for proper consultation with healthcare stakeholders.

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Did the Health Ministry overstep by issuing billing rules via TikTok Live?

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