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Hike in health fees violates law - Legal sources
September 20, 2017, 8:17 am

The decision of the Minister of Health to increase health fees for expatriates ‘is suspected of violating the law’, reports Al-Anba daily quoting legal sources.

The sources pointed out the Minister of Health may be quizzed under the dome of the National Assembly or a complaint by, what the sources called; an interested party may be filed with the judiciary to cancel the decision.

The sources added, through the judiciary, it is possible to appeal the illegality of the decision directly first as well as the unconstitutionality of the decision.

In response to a question on Law No. 79 of 1995 on fees, does it include expatriates and citizens or is it the right of the government to apply fees on expatriates what it deems fit?

According to the sources, the laws apply to everyone. The sources added that Law No. 79 of 1995 on fees and financial costs for the use of utilities and public services is clear and explicit.

Article 1 of the law states the following: It shall be permissible only by law to increase the fees and financial costs to be paid in exchange for the use of utilities and public services provided by the State at their value as on Dec 31, 1994.

Article 2: The provisions of the preceding Article shall not apply to the prices paid for  services and goods provided by public bodies and public institutions with an attached and independent budget. And fees determined in accordance with international agreements.

The Administrative Department of the Supreme Court has received a lawsuit demanding the cancellation of the decision of the Ministry of Health to impose additional fees and increase the prices of health services to expatriates. The court has set Oct 2, 2017, to look into the case.

The lawsuit calls for the repeal of Decision No. 293 of 2017 issued on Aug 1, 2017, to increase the fees imposed on expatriates who are registered with the health insurance system.

The lawsuit, filed by lawyer Hashim Al-Rifai, is based on the request that it sees a negative response and causes great damage to the citizens before the expatriates. In addition to the damage it will harm the reputation of Kuwait, which is known as the ‘Center of Humanity’ and the country of peace.

Source: Arab Times

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