The Court of Appeals deferred the petition to review the basis for the increase in the health charges on expats in public health facilities that had been in effect since October last year.
The said delay will give the government ample time to prepare its defence in the case filed by a Kuwaiti lawyer, Mr. Hashem Al-Rafel, on the legality and basis for the increase on the health charges in public hospitals which only applies to expats in Kuwait.
Court of Appeals to revisit Public Health Fees Hike on Expats on March 4
According to Mr Al-Rafel, the lower court’s decision in rejecting the case is problematic both in legal and medical viewpoints. Rafel mentioned in one of his arguments that the Ministry of Health’s move was unconstitutional and is in direct contradiction of the Universal Declaration of Human Rights, which stands by the equal treatment of all people, regardless of their race or belief. Furthermore, The Ministry of Health’s approval of the health charge hike on expats also violates the laws governing the field of medicine.
Moreover, Rafel pointed out that the decision of the Ministry of Health was illegal because the move to raise medical charges involves the power of a law, not Ministerial approval. According to the National Assembly law of 1995, the government cannot raise public service fees without the mandate of a law sanctioned by the Assembly. No exemption was made based on nationality.
It is for these reasons that the petition for this case has been brought to the Court of Appeals which is set to make a ruling on 04 March, 2018.