Can patients claim refunds after cancellation of doctors' fee schedule in Jordan?

Following the cancellation of the 2024 fee schedule, Jordanians are concerned about the amounts they paid during the 26-day period between the schedule's publication in the Official Gazette on June 13, 2024, and its cancellation by Health Minister Dr. Firas Al-Hawari on July 8, 2024.

Read more: "2024 fee schedule canceled to protect citizens," says Health Minister

A constitutional expert, who wished to remain anonymous, explained to Roya that since the canceled regulations were officially published on June 13, 2024, they became legally effective on that date.

The expert stated, “The decision of the Minister of Health to cancel the regulation was issued yesterday, which means that any fees collected by doctors during this period are legal.” Consequently, citizens cannot demand refunds for the price difference due to the regulation's cancellation.

Addressing the legality of the Health Minister’s decision, former Minister Dr. Nofan Al-Ajarma clarified the legal basis for Dr. Firas Al-Hawari’s decision to revert to the 2008 fee schedule.

Al-Ajarma detailed on his Facebook page:

Relevant Legal Texts:

• Article (47/1) of the Constitution: The Minister manages all affairs related to his ministry and must present any matter outside his jurisdiction to the Prime Minister.
  Article (3) of the Public Health Law: The Ministry is responsible for all health affairs in the Kingdom, including organizing and supervising health services in both public and private sectors.
  Article (40/a) of the Medical Association Law No. (13) of 1972: Doctors may collect treatment fees according to the fee schedule set by the Council, without making the fees contingent on treatment outcomes.
  Articles (3), (4), and (5) of the Doctors’ Fees System No. (46) of 1989: The Association Council forms a Fees Committee to set a tariff for doctors’ fees, which must be approved by the Council.
• Resolution No. (11) of 1969 by the Special Bureau for the Interpretation of Laws: Professional unions are considered semi-governmental institutions with powers derived from the law, including regulatory authority over their members.

Minister’s Authority:

Al-Ajarma emphasized that the Health Minister acted within his powers, as the constitutional and legal legislator grants him general authority over his ministry. This authority allows the Minister to manage and supervise public facilities affiliated with his ministry to meet public interest requirements, including approving doctors’ fee schedules.

1. The issue of doctors’ fees affects every citizen and resident, making it unreasonable to exclude the Health Minister from this matter. The Minister’s responsibility for all medical services in the state justifies his involvement in regulating doctors’ fees.
2. Regulating liberal professions like medicine is within the state’s jurisdiction, which is responsible for public interests. While professional unions manage their affairs, the state retains the right to supervise and monitor them to ensure public interest.
3. The Jordanian administrative judiciary has previously affirmed that the Health Minister has the right to oversee and approve fee schedules that impact a broad segment of society, as outlined in Article (3) of the Public Health Law.