Legal Certainty in Implementing the Inter-Hospital Patient Referral System under Minister of Health Regulation No. 16 of 2024

Abstract

Minister of Health Regulation No. 16 of 2024 revoked the 2012 referral regulation and provides that referral is based on the patient’s medical need and the service capability of facilities. This study analyses how the referral of patients between hospitals is regulated and how certain the law is in fulfilling patient rights through its implementation. It uses normative legal research that is descriptive and analytical, with statutory, conceptual and limited case approaches, the latter confined to policy documents and other researchers’ findings. The results show that the regulation sets out the basis for choosing a destination, the types of referral, the procedure, the duties of referring and receiving facilities, and the stability of the patient and care from the moment of receipt. Legal certainty is only partly achieved. The referral criteria are left to a ministerial decree that the authors did not find, the articles read set no response deadline and no consequence if the receiving facility cannot accept, sanctions are limited to a written warning and a reduction or revocation of accreditation status without a procedure, and the competence-based referral in national health insurance still awaits a presidential regulation and has only been piloted in four regions. The study concludes that the procedural framework is clear, but certainty for patients depends on implementing regulations and alignment with health insurance.