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(영문) 서울행정법원 2019.04.25 2018구합68520
요양기관업무정지처분 등 취소
Text

1. The Defendant’s disposition of business suspension of an institution providing medical benefits for 76 days against the Plaintiff on May 8, 2018 is revoked.

2...

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff is a medical corporation that operates the medical corporation “C Hospital” (hereinafter “instant hospital”) in Silsi-si.

B. On September 2016, the Defendant conducted an on-site investigation as to whether the instant hospital’s claim for reimbursement of expenses for benefits was appropriate (the period subject to investigation: from October 2013 to June 2015, and from May 2016 to July 2016; hereinafter “on-site investigation”).

C. As a result of the instant on-site investigation, the Defendant, based on Article 98(1)1 of the National Health Insurance Act, was subject to the following disposition based on the “Article 98(1)1 of the National Health Insurance Act, and on April 11, 2018, ordered the Plaintiff to suspend the business of a medical care institution for 86 days (from July 9 to October 2, 2018) against the Plaintiff

(hereinafter “instant medical care institution’s business suspension”). Claim for violation of the differential calculation standard for hospitalization fees in a convalescent: 50,491,670 won - The list of health insurance act’s benefits and the relative value point of benefits in a third-class convalescent hospital’s act’s list of benefits in a convalescent hospital, and the calculation guidelines 4.

According to the differential rate system of hospitalization fees based on the level of medical personnel for the immediately preceding quarter, the grade of hospitalization fees shall be calculated based on the number of full-time doctors (in the number of patients, the number of medical doctors) in the relevant medical care institution compared to the average number of patients for the immediately preceding quarter. In accordance with the criteria for differential application of hospitalization fees in the convalescent hospital according to the level of securing medical personnel for doctors under Article 2009-214 of the Ministry of Health and Welfare notification of the Ministry of Health and Welfare, if at least three days per week and 20 hours per week or more per week, it shall be recognized as 0.5. However, in the case of doctor D, even if the number of medical personnel was part of service at least three to four days per week from September 1, 2013 to February 28, 2015, he/she shall be reported as full-time manpower

D. In addition, based on the “Article 28(1)1 of the Medical Care Assistance Act”, the Defendant suspended the Plaintiff from providing medical care benefits for 76 days (from July 9, 2018 to September 22, 2018) on May 8, 2018.

hereinafter “instant medical care institution’s business suspension” is “the instant medical care institution” and the instant medical care institution.

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