Nadda to statesNew Delhi, Dec 7 (PTI) Union Health Minister J P Naddaasked chief ministers of all states today to adopt andimplement the Clinical Establishment (Registration andRegulation) Act, 2010 to curb malpractices in private healthsector.
The letter comes in the backdrop of incidents of allegedovercharging and negligence by Fortis and Max hospitals inGurgaon and Delhi respectively.
Effective implementation of the Act, enacted with a viewto prescribe the minimum standards of facilities and servicesprovided by clinical establishments, would deter them fromindulging in unethical practices and ensure that theydischarge their duties responsibly towards the patients, hesaid.
Till now, five states including Arunachal Pradesh,Rajasthan, Jharkhand and Assam, and all Union Territoriesexcept the NCT of Delhi have adopted and implemented the Act.
States such as Sikkim, Mizoram, Bihar, Uttar Pradesh andUttarakhand have adopted the Act, but are yet to implement it.
"You would agree that such a pertinent area should not beleft unregulated. Ergo, I call upon you to adopt thiscomprehensive legislation in your state for effectiveregulation of clinical establishments and thereby preventrecurrence of such unsavoury incidents in the interest ofpatients," Nadda said in the letter.
He said the recent public ire, widely covered by thenational and local media, over excess charging for health careservices and professional negligence on the part of someprivate hospitals has once again put the issue of affordableand assured healthcare services to the citizens in publicdomain.
"As you are kindly aware the Government of India hasenacted the Clinical Establishments (Registration andRegulation) Act, 2010 and notified the rules framedthereunder. This comprehensive Act provides for registrationand regulation of different categories of clinicalestablishments in government as well as private sector," hesaid.
"Alternatively, you may even consider bringing a statespecific legislation in the matter if adoption of the Act isnot found suitable," he added.
Earlier, the Union Health Secretary asked all states toissue strict warnings and take action against hospitals,including private ones, which indulge in malpractices such asovercharging and don't follow standard treatment protocols.
The bureaucrat also drew attention to the allegedmalpractices by various clinical establishments in the recentpast.
These include exorbitant charges, deficiency inservices, not following the standard treatment protocols, etc,resulting not only in compromised patient safety but alsoconcerns about transparency and accountability in healthcarecosts, the health secretary said.
The clinical establishments act was enacted by the Centreto provide for registration and regulation of all clinicalestablishments in the country with a view to prescribe theminimum standards of facilities and services provided by them.
The act is applicable to all types (both therapeutic anddiagnostic types) of clinical establishments in the public andprivate sectors.
Under the act, standard treatment guidelines arespecified for 227 diseases, including dengue, chikungunya andmalaria. The hospitals are supposed to abide by minimumstandards in terms of infrastructure, services, staff,equipment and lighting arrangements among others.
A technical committee is to be set up to decide oncharges for treatment of diseases and procedures at clinicalestablishments, including private hospitals.
Health facilities are supposed to display the charges foreach procedure and facility to keep the patient informed inadvance. Failure to adhere to these guidelines would result inimposition of penalty.
A premature baby was found alive after being declareddead by Max Hospital in Delhi on November 30.
Fortis Hospital in Gurgaon has been accused ofovercharging during the treatment of a seven-year-old girl, adengue patient who died in September. PTI PLBSMN.
This is unedited, unformatted feed from the Press Trust of India wire.