Govt says it faces ‘uphill task’ on uniform healthcare charges
With as many as 16 states failing to implement the Clinical Establishments (Registration and Regulation) Act, 2010, the Central government has come up with a pricing template for all states. However, the states have expressed their concern that fixing a price range may not be feasible, according to the Union health ministry.
In a 37-page affidavit filed in the Supreme Court on Monday, a copy of which has been seen by Mint, the ministry said that many of the states have their own health schemes while many people are covered under the Ayushman Bharat scheme.
The apex court had earlier asked the ministry to hold a meeting with all the state health departments after finding glaring discrepancy in the prices of medical treatments across government and private medical facilities.
The Court had, in February, strongly criticized the Centre’s failure to enforce the 14-yearold Clinical Establishment (Central Government) Rules, which are aimed at enforcing standard charges for various medical treatments and procedures.
“One size fit approach may not be feasible. This seems to be an uphill task for recommendation of rates,” the ministry stated in its affidavit.
After the Supreme Court’s direction in February, the health ministry called for a virtual meeting with states which was chaired by the secretary Apurva Chander in March.
Currently only 12 states and seven UTs have implemented the Clinical Establishments (Registration and Regulation) Act, 2010.
It has not been adopted by 16 states—Andhra Pradesh, Chhattisgarh, Goa, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Odisha, Punjab, Tamil Nadu, Tripura, and West Bengal.
Only the states and UTs where the clinical establishments act 2010 is applicable— Uttar Pradesh, Bihar, Himachal Pradesh, Telangana, Uttarakhand, Andaman and Nicobar, and Mizoram— showed willingness for rounds of discussions with stakeholders and invited the guidance/ collaboration of MoHFW in this regard to proceed forward.
Medical bodies and hospital associations expressed their satisfaction with hearing. Harish Salve, senior advocate appearing for NATHEALTH Healthcare Federation of India in this case told Mint that it is not for the courts to determine the price of medical services, it is the duty of the legislature.