نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق، دانشکده الهیات و معارف اسلامی،میبد، یزد، ایران
2 گروه حقوق، دانشکده الهیات و معارف اسلامی، دانشگاه میبد، میبد، یزد،ایران.
3 گروه حقوق، دانشکده الهیات و معارف اسلامی، میبد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
A significant challenge within the Iranian healthcare system is the collection of payments in excess of official tariffs by certain healthcare providers. This phenomenon, known by terms such as "under-the-table payments," has extensive consequences and implications in legal, ethical, economic, and social dimensions, and has perpetually been a subject of contention between proponents and opponents. Consequently, the central research question is: What is the legal and jurisprudential status of receiving fees beyond the approved tariffs? Do such receipts possess legal legitimacy, or do they constitute an instance of unlawful appropriation of property (akl mal be batil)? iven the increasing prevalence of this phenomenon within the country's medical sphere, a comprehensive examination from the perspectives of private law, health system regulations, principles of medical ethics, and jurisprudential viewpoints is deemed necessary to formulate appropriate strategies for addressing it. This study has been conducted using a descriptive-analytical approach, relying on library resources, jurisprudential texts, and legal documents. The findings indicate that although the legislator, invoking principles of public policy and professional ethics, has deemed the receipt of extra payments illegal and punishable in most instances, an exception exists. In cases where the relationship between the patient and the physician is established through a private contract based on mutual consent, without any exploitation of the patient's state of exigency, the contract between the parties is deemed valid and the remuneration received is legitimate. Nevertheless, because this act constitutes a violation of medical regulations by failing to observe the official fee schedules, the physician's conduct will be subject to disciplinary and/or criminal sanctions.
کلیدواژهها [English]