Government is aware of reports appearing in different fora about the high cost charged by private clinical establishments. However, health being a State subject, it is the responsibility of the State Government to regulate hospitals including private hospitals in their States as per provisions of the Act and rules applicable in the States to provide affordable treatment to patients.
However, the Government of India has enacted Clinical Establishments (Registration and Regulation) Act, 2010 and notified Clinical Establishments (Central Government) Rules, 2012 for registration and regulation of the Clinical Establishments.
Currently, the Act is applicable in 10 States namely Sikkim, Mizoram, Arunachal Pradesh, Himachal Pradesh, Uttar Pradesh, Bihar, Jharkhand, Rajasthan Uttarakhand and Assam and all Union Territories except Delhi. Other States may adopt the Act under clause (1) of Article 252 of the Constitution.
Health being a State subject, the implementation and enforcement of the said Act falls within the remit of the States/Union territories. The Government is persuading the States who have adopted it for its strict implementation from time to time.
The Government of India has already enacted Clinical Establishments (Registration and Regulation) Act, 2010. In accordance with the Clinical Establishments (Central Government) Rules, 2012 under the said Act, one of the conditions for registration and continuation of clinical establishments is that the clinical establishments (in the States / Union Territories where the said Act is applicable) shall charge therates for each type of procedure and services within the range of rates determined by the Central Government from time to time in consultation with the State Governments. The clinical establishments are also required to display the rates charged for each type of services provided and facilities available, at a conspicuous place both in the local language and English. The National Council for Clinical Establishments hasapproved a standard list of medical procedures and a standard template for costing of medical procedures and shared the same with the States and union Territories. Further action lies within the purview of the State/UT Governments. The Minister of State (Health and Family Welfare), Smt Anupriya Patel stated this in a written reply in the Lok Sabha here today.
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