PETALING JAYA: The Malaysian Medical Council (MMC) has warned that patient referrals in private healthcare must not be driven by discounts, kickbacks or financial arrangements.
Its chief executive officer Dr Zakiah Mohd Said said medical decisions must remain centred on patient care and professional ethics, not corporate or intermediary demands.
Zakiah said the issue of discounting practices and fee-splitting involving private specialists had been discussed by the council’s Ethics Committee before being deliberated at the MMC’s 462nd meeting on Jan 20 this year.
She said while private practitioners are allowed to offer discounted professional fees, such discounts must be made voluntarily and independently by the practitioner.
“There shall be no duress or compulsion exerted on the practitioner by any third party intermediary, corporate body, healthcare administrator, or any other agent, to demand discounted charges,” she said in a statement on Saturday (May 23).
Zakiah stressed that the direct and sole beneficiary of any discounted charge must be the patient.
She also warned against contractual arrangements between healthcare facilities, insurance companies and third-party administrators that could influence professional fees or control access of patients to practitioners.
According to Zakiah, such arrangements could undermine the independence of medical practitioners in managing patient care and may be actionable under existing healthcare laws and professional conduct regulations.
“All financial and administrative arrangements must safeguard the patient’s right to choose his preferred doctor and ensure that clinical care remains solely guided by the best interests of the patient,” she said.
Zakiah added that no patient should be denied access to any practitioner because of contract-related arrangements involving insurers or third-party administrators.
On fee-splitting, she said the practice was unethical and prohibited under the Code of Professional Conduct 2019.
Zakiah said fee-splitting refers to any kickback arrangement where a practitioner receives part of another practitioner’s fee as an inducement for referring or receiving patients.
She added that any agreement allowing institutions or organisations to retain part of a doctor’s fees in exchange for referrals or patient assignments was considered unethical.
However, Zakiah clarified that fee-sharing between doctors jointly managing a patient, such as performing procedures together or covering for one another with the patient’s informed consent, was not considered fee-splitting.
She said MMC expected all registered medical practitioners and relevant stakeholders to uphold the highest standards of professionalism and ethical conduct.
