Legal analysis and organizational structure for the establishment of the Office of Health Economics in Thailand

Abstract

Thailand's public health system is facing challenges from the transition to an aged society and the continuously rising burden of healthcare expenditure. Given persistent constraints on government budgets, public health policymaking requires systematic data and economic analysis. This article aims to examine the legal aspects and organizational structure relevant to establishing the Office of Health Economics in Thailand. The study employs documentary research methodology, reviewing relevant legislation, including the Organisation of State Administration Act, B.E. 2534, the Public Organization Act, B.E. 2542, the Personal Data Protection Act B.E. 2562, and the Digitalization of Public Administration and Services Delivery Act, B.E. 2562.  The findings show that the Office of Health Economics could be established through three possible models: (1) an internal unit within the Office of the Permanent Secretary, Ministry of Public Health, which can be set up quickly but lacks flexibility in budget and personnel management; (2) a department-level agency, which offers greater legal stability and clearly defined authority but requires a lengthy establishment process; and (3) a public organization, which provides the highest degree of independence and operational flexibility but faces limitations in exercising administrative authority. The study proposes a phased approach — beginning with establishment as an internal unit to lay the groundwork in personnel and data systems, before progressively upgrading to a more independent organizational form as its mandate expands. An internal structure of four divisions is also proposed: the Health Economics Analysis Division, the Health Data and Forecasting Division, the Health Budget and Fiscal Affairs Division, and the Policy Research and Evaluation Division. Key recommendations include: establishing the office as an internal unit in the initial phase; considering specific enabling legislation once its mandate expands; ensuring health data governance in compliance with the Personal Data Protection Act alongside data governance; and developing a National Health Database System linking data from relevant agencies.