Central Administrative Appeals Commission cancels fine on clinic

The Central Administrative Appeals Commission said it canceled a fine imposed on a local obstetrics and gynecology clinic, ruling that the Ministry of Health and Welfare miscalculated the penalty based on outdated regulations.

The decision overturns an order seeking the sum in lieu of a business suspension following an audit of the clinic's operations between August 2016 and July 2019.

Investigators had initially flagged excessive charges for superior ward fees, false claims for newborn breastfeeding care, and violations regarding mother-infant room stay fees.

The commission found that subsequent legal revisions lowered the mandatory general bed ratio for such clinics. Under the new standards, the facility's actual general bed ratio met the requirement, meaning the superior ward fee component no longer constituted a violation at the time of the disposition.

While the panel rejected the clinic's arguments concerning the breastfeeding and mother-infant room claims, citing signed confirmation records and Supreme Court precedents on stay durations, it determined that excluding the superior ward fees required a reassessment of the total penalty base.

The ministry had applied a reduction to an original calculated fine. However, the commission stated the reduction should have been applied to the remaining improper billing amount after removing the invalid ward fee component entirely, rather than halving the aggregate sum.