In today's highly competitive medical market, many healthcare institutions are actively seeking various marketing strategies to expand their customer base. Some healthcare institutions, in order to establish a foothold in the market, have started to consider marketing and promotion through partnerships and referrals. However, if these strategies are not handled with caution, they may involve legal risks. Under the current legal framework, healthcare institutions must carefully follow relevant regulations to avoid violating the Medical Care Act, in order to prevent unnecessary legal risks and financial losses.

Legal Liability for Unethical Promotion of Medical Services

According to Article 61 of the Medical Care Act, healthcare institutions are prohibited from using unethical methods to attract patients, including but not limited to offering gifts for medical visits, using multi-level marketing, or engaging in intermediary methods for recruitment. Violators will face fines ranging from NT$50,000 to NT$250,000.

The purpose of this legal provision is to protect the basic rights of patients and ensure fair competition in the medical market. Therefore, healthcare institutions must be particularly cautious when conducting marketing activities to avoid inadvertently violating the law!

Common Violations

1. Gifts or Discounts: Public healthcare institutions may offer promotions like "free gifts with medical visits" or discounts to attract patients. However, such practices may encourage patients to opt for unnecessary medical services based on benefits, which is considered illegal.

2. Intermediary or Multi-level Marketing: If healthcare institutions recruit patients through intermediaries or multi-level marketing methods, this is also an unethical practice. Such actions not only lead to unfair market competition but may also cause patients to lose trust in the quality of medical services, leading to negative impacts.

3. Unapproved Free Clinics: According to the Medical Care Act, all free medical clinics must be approved by the relevant authorities. If healthcare institutions, in an attempt to increase exposure, send personnel to conduct free clinics or health checkups without proper approval, they not only face fines but may also be seen as engaging in improper patient recruitment methods.

Three Key Action Recommendations for Healthcare Institutions

1. Review Cooperation Agreements: When collaborating with other institutions, healthcare providers should carefully review cooperation agreements to ensure they do not involve any unethical patient recruitment practices. Cooperation agreements must comply with legal regulations and avoid violating relevant provisions of the Medical Care Act. If necessary, institutions should consult professional lawyers to review the agreements.

2. Establish a Compliance System: Every healthcare institution should establish internal compliance policies and regularly train employees to ensure they fully understand the legal risks and regulations involved in medical marketing. This helps prevent inadvertent legal violations and protects the institution’s business operations.

3. Seek Legal Consultation: Before considering any marketing or collaboration plans, healthcare institutions should seek professional legal advice. Legal advisors can help clarify whether the marketing strategies comply with relevant regulations and provide expert risk assessments, thus reducing legal risks.

In the healthcare market, compliance is the cornerstone of success. As marketing strategies and market competition intensify, healthcare institutions that conduct legal risk analysis and strategic planning early on will not only effectively avoid legal risks but also gain a competitive advantage in the market. Healthcare providers should adhere to the principles of legality and compliance in their marketing activities, ensuring all actions are legally sound and offering higher quality healthcare services to patients.
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