Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Complaints over medical bills: Centre seeks states’ response


Mains Paper 2: Governance | Issues relating to development & management of Social Sector/Services relating to Health, Education, Human Resources

From UPSC perspective, the following things are important:

Prelims level: Clinical Establishments (Registration and Regulation) Act, 2010, Article 252

Mains level: Financial exploitation of patients by private hospitals and laws to curb it

Complaints of inflated medical bills rising

  1. Complaints are mounting against private hospitals over inflated medical bills
  2. Seeing this, the ministry of health and family welfare has sought a response from all states on implementation of the Clinical Establishments (Registration and Regulation) Act, 2010
  3. The act aims to monitor, assess and regulate laboratories, hospitals, and health centers
  4. Most of the states are yet to prescribe rates of procedures and services under the Act

Ministry’s directive

  1. The states have been asked to take immediate action for determining the standard procedure cost for some common procedures in consultation with both Government and Private sector medical experts
  2. Only one rate has to be informed to the patients and the same should be charged till discharge of the patient

Act not adopted by all states yet

  1. The Clinical Establishments (Registration and Regulation) Act, 2010 has been in effect in the four states—Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim—and all Union Territories except Delhi since 1 March 2012
  2. Uttar Pradesh, Uttarakhand, Rajasthan, Bihar, Jharkhand, and Assam have also adopted the Act under clause (1) of article 252 of the Constitution


Clinical Establishments (Registration and Regulation) Act, 2010

  1. It has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribing the minimum standards of facilities and services provided by them
  2. The Act is applicable to all types (both therapeutic and diagnostic types) of Clinical Establishments from the public and private sectors, belonging to all recognized systems of medicine, including single doctor clinics
  3. The only exception is Clinical Establishments run by the Armed forces

Article 252 Constitution of India

  1. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
  2. If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law
  3. and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly
  4. any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House
  5. Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner and not by Legislature of that State

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