Background

The Minister of Health ("MOH") has issued a new regulation on the classification and licensing of hospitals. The new regulation relaxes some provisions that were deemed not favorable for business actors.

Contents and Implications

MOH Regulation No. 30 of 2019 on the Classification and Licensing of Hospitals ("MOH Regulation 30") attracted controversy as it changed some of the longestablished compliance standards in the previous regulations, and the timeline for the transition was too tight. For business actors who were affected, the changes under MOH Regulation 30 were considered too challenging.

MOH Regulation 30 imposed higher requirements on staff and equipment for hospitals. It also prohibited Class C and D hospitals from engaging in certain types of healthcare services. The regulation was suspended by the MOH as announced through its Circular Letter No. HK.02.01/MENKES/606/2019 dated 4 November 2019.

In general, MOH Regulation No. 3 of 2020 on the Classification and Licensing of Hospitals ("MOH Regulation 3") has addressed the concerns raised by business actors, as seen by the removal of the "problematic" provisions under MOH Regulation 30.

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