Hospitals breaching rules, patients charged more, states fail to penalize, regulate

New Delhi/Ahmedabad, 8 July, 2014

On the question of whether Government is planning to introduce any regulatory mechanism to monitor pricing in private hospitals and stop them from charging exorbitant fees, the Union Minister for Health and Family Welfare in the Rajya Sabha today stated that Health being a state subject, it is the responsibility of the respective State/UT Government to introduce any regulatory mechanism to monitor pricing in private hospitals and to stop them from charging exorbitant fees.

However, Government has enacted Clinical Establishments (Registration and Regulation) Act 2010 and notified Clinical Establishments Rules 2012 for registration and regulation of the Clinical Establishments including private hospitals. The States/UTs are required to adopt the Clinical Establishments (Registration and Regulation) Act 2010 under Article 252 of the Constitution.

The Clinical Establishments Rules 2012, under the above mentioned Act, provide as under :-

-The clinical establishments shall display the rates charged for each type of services provided and facilities available at a conspicuous place in the local as well as English language.

-The clinical establishments shall charge the rates for each type of procedures and services with in the range of rates determined and issued by the Central Government from time to time in consultation with the State Governments.

Author’s note:

–As per the reply by Union Health Minister, if regulatory mechanism to monitor pricing in private hospitals and stop them from charging exorbitant fees are the tasks assigned to state government, the question arise is that whether the Government of Gujarat has such mechanism in place? This question is appropriate because some private hospitals here are infamous for charging exorbitant fees.

–We have largely observed that no clinical establishment displays the rates charged for each type of services provided and facilities available. Who is going to take action against such clinics? When? Who is going to ensure execution of law? Why there’s not a single case we heard about any action taken in this direction by government?

–As per the reply given by union minister, the centre has determined and issued rates for each type of procedure and service. But how to find them? Where are the charges are listed? What we have observed is, every clinic offers its own rate for procedure/service! Where’s government?