• Title/Summary/Keyword: Multiple operating medical institutions

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The necessity of ban on opening and operating the multiple medical institutions in medical law in Dental case (의료법에서의 의료기관 이중개설 금지조항의 필요성에 대한 치과 사례연구)

  • Ju, Jin-han;Lee, Ga-yeong;Jung, Ku-chan;Lee, Jae-yong;Min, Gyeong-ho
    • The Journal of the Korean dental association
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    • v.57 no.9
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    • pp.514-522
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    • 2019
  • In accordance with Article 33(8) of the Korean Medical Law, it is stated that a medical person cannot open or operate a medical institution by borrowing the name of another medical person. However, the publicity of medical care is threatened by the recent illegal network dental clinics. The purpose of this study is to investigate the actual condition of illegal network dentistry and to analyze the cases and to find out the reason why the prohibition of double opening & operating of medical institution. As a result, the illegal network dental clinics treated less health care insurance treatment such as dental caries and periodontal treatment than general dental hospitals. In contrast, the rate of implementation of illegal network dentistry was high in endodontics treatment and extraction, which could lead to uninsured treatments such as crowns and implants. As a result of Supreme Court precedent analysis, it is concluded that illegal act is not only the opening of a medical institution by borrowing the name of other medical personnel, but also the duplicated operation which has the authority to make decision about management matters of medical institutions. The results of the patient's case survey also showed that excessive dental treatment due to such as dental staff incentive system. In conclusion, the illegal network dental clinics not only threatens the oral health of the public, but also causes leakage of health insurance premiums. In other words, the ban on opening and operating the multiple medical institution should be strictly applied as a strong protection device for protecting the patient in dental case.

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A Study on Network Hospital and the Ban on Opening and Operating the Muliple Medical Institution (네트워크병원과 의료기관 복수 개설·운영 금지 제도에 관한 고찰)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.281-313
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    • 2016
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

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Status of Infection Control in Jeju-area General Hospitals (제주특별자치도 종합병원의 감염관리 현황)

  • Chong, Moo Sang;Lee, Kyutaeg
    • Korean Journal of Clinical Laboratory Science
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    • v.48 no.2
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    • pp.130-136
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    • 2016
  • The aim of this study was to examine and analyze the infection management status of Jeju-area general hospitals, and in order to convey the importance of infection management, and to determine role plans of medical technologists as infection management staff, the infection management status was examined through surveys targeting 7 general hospitals located in Jeju Special Self-Governing Province. The infection management of Jeju-area medical institutions showed excellence in that all institutions operated an infection management room, there was dedicated manpower, and hospital infection management guidelines were established and executed. However most institutions were operating their infection management room with only 1 nurse, reporting many difficulties in securing dedicated manpower, microbe-related culture deciphering, frequency of multiple-resistance bacteria, infection statistics, and details on microbe testing. Accordingly, it is believed that the medical technologist who can perform the practical tasks of infection management has sufficient qualification and experience in infection management as per the medical law enforcement regulations, and in operation of an infection management room. If medical technologists (infection control microbiological technologist) with expert knowledge on microbes and infection control nurses can execute the tasks as dedicated personnel, the operation of the infection management room will be more advanced. In addition, for proper infection management in the future, the introduction of a medical system specialized in infection management and full support for infection management of vulnerable small/medium hospitals in addition to general hospitals across the country is considered important.

Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

Effects of MBO and Job Commitment on Nursing Performance in Operating Room Nurses (수술실 간호사의 목표관리특성과 직무몰입이 간호업무성과에 미치는 영향)

  • Lee, Youn Hwa;Seomun, GyeongAe
    • Journal of Digital Convergence
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    • v.15 no.4
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    • pp.309-316
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    • 2017
  • This study aimed to examine the effect of management by objectives(MBO) and job commitment on the nursing performance of operating room(OR) nurses. The study was conducted on 226 OR nurses from tertiary healthcare institutions in Seoul. Multiple regression analysis was performed to determine the effect of OR nurses on nursing performance. In results, the factors that affect the nursing performance of OR nurses included the concreteness of goals, job commitment, and measurability of objectives in that order, and these variables explained 25.9% of the nursing performance. Therefore, in order to improve the performance of the nursing work, it is necessary to make efforts to create a work environment where nursing can be carried out due to the nature of the nursing operation. In addition, it is essential to develop a strategy to further the influence of the concreteness and measurability of goals among other attributes, thereby enhancing the job performance of OR nurses.

An Analysis of Factors Affecting Financial and Operating Efficiency at Regional Public Hospital (지방의료원의 재정 및 운영효율성에 영향을 미치는 요인)

  • Jin Won Noh;Hui Won Jeon;Jung Hoe Kim;Jeong Ha Kim;Hyo Jung Bang;Hae Jong Lee
    • Health Policy and Management
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    • v.33 no.3
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    • pp.355-362
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    • 2023
  • Background: Financial efficiency in monetary units and operational efficiency in non-monetary units are separately classified and evaluated. This is done to prevent the duplication of monetary units and non-monetary units in inputs and outputs. In addition, analyses are conducted to determine the factors that affect each aspect of efficiency. To prevent duplication of monetary and non-monetary units in inputs and outputs, financial efficiency, consisting of monetary units, and operational efficiency, comprising non-monetary units, are separately classified and evaluated. Furthermore, an analysis is conducted to identify the factors that affect each aspect of efficiency. Methods: This study conducted a panel analysis of 34 regional public hospitals and influencing factors on efficiency for 5 years from 2015 to 2019. Financial efficiency and operational efficiency were calculated through data envelopment analysis. Moreover, multiple regression analysis was conducted to identify the factors that influence both financial efficiency and operational efficiency. Results: The factors that affect financial efficiency include the number of medical institutions within the treatment area and the ratio of patients receiving medical care. Additionally, operational efficiency is influenced by the type of medical institution, the number of medical institutions within the treatment area, and the number of nursing positions per 100 beds. Conclusion: In order for regional public hospitals to faithfully fulfill their functions and roles as regional base public hospitals, several measures are necessary. Firstly, continuous monitoring and reasonable support are required to ensure efficient operation and performance. Secondly, a financial support plan tailored to the characteristics of local medical centers is needed. Additionally, local medical centers should strive to enhance their own efficiency.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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The analysis of Factors associated with the Health Examination expenditure in a General Hospital based on the cased (일개 종합병원 종합(민간)검진 비용 영향요인 분석)

  • Lim, Ji Hyun;Suh, Won Sik
    • Korea Journal of Hospital Management
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    • v.25 no.4
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    • pp.76-93
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    • 2020
  • Purpose: In this study, the general characteristics of subjects who spent more than a certain amount of cost for general medical examination at the general hospital health promotion center, and the characteristics of disease, family history, and lifestyle (smoking, alcohol, physical activity, oral care) significantly differed in cost expenditure. We intend to provide basic data for establishing an appropriate marketing strategy for comprehensive examination. Method: It was conducted for users who received comprehensive checkups at a health promotion center at a general hospital in Seoul. The research data collection period is for 979 people who performed comprehensive examinations from January 2019 to December 2020. In order to carry out a comprehensive examination, a questionnaire before the examination was distributed to the subjects who visited the hospital to prepare, and the investigation was conducted in a way that the subjects of the investigation directly filled in. Results: There was a significant influence on the difference in expenditure for comprehensive examination according to the gender, age, and type of health insurance of the subject. In addition, there were significant differences in expenditure according to the presence or absence of disease and the type of family history. Weight loss, smoking history, smoking period, smoking frequency, drinking history, and drinking frequency all had significant effects on cost expenditure. Also, strength training and oral treatment management showed a significant effect on the cost of comprehensive examination. The number of flossing and interdental brushing was also found to have a significant effect. According to the results of multiple regression analysis, disease history (t=2.683, p<.01) and mean smoking frequency (t=4.315, p<.001) appeared to have the most significant effect on expenditure statistically. In other words, when the subject has a history of disease and when the average number of smoking is large, it means that the comprehensive examination cost is remarkably large. Conclusion: By using these contents, hospitals can further refine the marketing of the examination center. In addition, a more convenient and specialized process should be used by patients by linking the general medical department and the examination center well. In terms of management of operating medical institutions, this can be expected to create patients and increase profits.