SC notice to Centre on failing to check exploitation of patients by private health facilities

The Supreme Court on Tuesday issued notice to the Centre on a PIL for failing to regulate private hospitals allegedly exploiting patients due to the absence of standard treatment protocols.

A bench presided over by Chief Justice N V Ramana sought a response from the Union government on a plea by NGO Jan Swasthya Abhiyan to operationalise all the provisions of the Clinical Establishments Act, 2010, and Clinical Establishment Rules, 2012, across the country.

"Let's hope the government respond to it," the bench said as the petitioner's counsel submitted that all the states and Union Territories have yet not adopted the protocols.

The private healthcare centres and hospitals are exploiting patients and not following the uniform protocols in the absence of regulation, it alleged. The standards in clinical establishments, which had been adopted as a national policy goal by the Centre nearly two decades ago, was yet to be effectively implemented across the country.

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Senior advocate Sanjay Parikh, representing the petitioner, claimed healthcare facilities are not working properly, patients are being overcharged and smaller clinics or labs don't have trained medical personnel.

He said more than 70% of patient care is provided by the private sector and less than 30% of patients use the public sector mandating standard guidelines for healthcare establishments along with treatment protocols.

"When Covid came, this was there….. The Act clearly mentions the rates that are to be charged from the patients etc," Parikh submitted.

Parikh submitted that his client had already sent representation to the government but there was no response.

He added that 11 States and six Union Territories have adopted registration resolution and highlighted complaints in connection with overcharging and hospital authorities forcing patients to purchase hospital medicines and equipment.

The bench noted that states have some mechanism regarding registering and regulating these establishments.

Parikh submitted that implementation of this across the country will be possible if notice is issued to the Centre's standing counsel.

The petitioner also sought direction regarding the conditions for registration which include the observance of minimum standards, display and observance of determined rates for procedures and services, compliance with the standard treatment protocol, as provided in Section 11 and 12 of the Clinical Establishments Act 2010 read with Rule 9 of the Clinical Establishment Rules, 2012.

The plea said that this should be notified and implemented to ensure affordable and quality healthcare as guaranteed under Article 21 and Article 47 of the Constitution.