She confirmed that the crime is free of criminal impunity

The "Abu Dhabi Appeal" absolves a hospital of neglecting patient records

Law No. 22 of 2018 gave the violator the right to complain about the sanctions before the “Health Department”.

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The Abu Dhabi Court of Cassation acquitted a health facility and its owner of two counts of not preserving patient records files and providing settlements contrary to the law, affirming that the crime is free from criminal impeachment, according to Law No. 22 of 2018 amending some provisions of Law No. 23 of 2005 regarding health insurance, The one who abolished the follow-up and the penal punishment, and replaced them with penalties and administrative penalties, while giving the violator the right to complain about them.

The details are due to the fact that the Public Prosecution charged the owner of a health facility with the charge of submitting settlements for the health insurance program, in violation of the provisions of the law, and charged the facility with not maintaining the patient files and records kept with it, in accordance with the conditions followed by law.

The Court of First Instance in the presence of the court ruled to punish the two accused in solidarity with a fine of 20 thousand dirhams for the accusation against them, so they appealed the judgment, and the Al Ain Court of Appeal ruled rejecting the two appeals and confirming the verdict.

The facility and its owner appealed the ruling, and the Public Prosecution submitted a memorandum of opinion in which it ended in rejecting the appeal, and the facility and its owner (the first accused) confirmed in the appeal that the judgment obligated him, in solidarity with the facility, to fulfill the imposed fine, even though he is a general manager of the facility, because it is a limited liability company. Therefore, it is not permissible to compel him with her to pay the amount, as she has a liability that is independent from that of her legal representative, and that the Court of Appeal's response to this payment is against the law, and to the other arguments in denying the accusations a minor.

For its part, the Court of Cassation clarified in the merits of its ruling that the Public Prosecution requested the punishment of the first accused in accordance with Law No. 23 of 2005 regarding health insurance in the Emirate of Abu Dhabi, for the accusation of providing a financial settlement for the health insurance program in violation of the law, despite the issuance of Law No. 22 of 2018 amending Some provisions of Law No. 23 of 2005, before a final ruling was issued in the case.

It indicated that the amendment in accordance with Law No. 22 of 2018 abolished the follow-up and the penal penalty, and replaced them with penalties and administrative penalties, and that it gave the offender the right to complain about the penalties before the "Health Department", and the crime is free from criminal impeachment, and it ruled to revoke the judgment and cancel it, and it ruled again acquitting the health facility and its owner From the accusation against them.

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