Legal Analysis of the Provision of High Technology Radiodiagnostic Imaging in Government Healthcare Centers

Abstract

     The development of medical technology is progressing rapidly. Healthcare centers acquire the advanced medical technologies for health services providing. Computerized tomography (CT) and magnetic resonance imaging (MRI) are common high technology radiodiagnostic imagings which utilize in government healthcare centers.

     Two methods have been approved to provide these machines are outsourcing and renting a machine. Outsourcing is a practice in which a company performs tasks, supplies, services, and employees of the company must participate “public service”. In Public law, an outsourcing contract is compatible with definition of an administrative contract in section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542. This type of contract is a contract between unequal two parties, and the administrative party has an executive privilege.

     In almost government healthcare centers, payment for outsourced CT / MRI was based on the amount of work completed each month. It would be calculated as part of the work the contractor has performed. Thus, expense for services in recent years have become increasingly important. To sum up, the government healthcare centers should sign contract at a fixed price which corresponds to previlege for an administrative contract. This is a reasonable method to save costs.