Lok Sabha Question No. 1266 (UNSTARRED), answered on 2018-02-09
Subject: Corruption in Private Healthcare Sector
Ministry: HEALTH AND FAMILY WELFARE
Asked by: MANSHANKAR NINAMA, RAMESH POKHRIYAL NISHANK, E. T. MOHAMMED BASHEER

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 1266 TO BE ANSWERED ON 9 TH FEBRUARY, 2018

## CORRUPTION IN PRIVAT E HEALTHCARE SECTOR

## 1266. SHRI MANSHANKAR NINAMA: DR. RAMESH POKHRIYAL 'NISHANK': SHRI E.T. MOHAMMED BASHEER:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  the  steps  being  taken  by  the Government  to  deal  with  corruption  due to  the  large  scale financial exploitation by private hospitals and their connivance with insurance companies in the country;

(b) whether the Government proposes to deal with the complaints against these private hospitals of  notmaking  use  of  generic  medicines,  prescribing unwanted  medical  tests  and conniving together by forming a corrupt group, if so, the details thereof and steps taken to address such complaints;

(c) the measures being taken by the Government to make people aware in this regard during the last three years;

(d) whether the Governme ntproposes to make stringent regulations to control and improve the quality of private healthcare providers and if so, the details thereof; and

(e) the steps taken/proposed to be taken by the Government in this direction?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE ( SMT. ANUPRIYA PATEL )

- (a) : Health  being  a  State  subject,  it  is  the  responsibility  of  the  respective  S Government to take action to prevent corruption in healthcare sector.

The Government of India has, however, enacted Clinical Establishments (Registratio and  Regulation)  Act,  2010 for  registration  and  regulation  of  all  clinical  establishments  ( Government  and  Private)  in  the  country.    In  accordance  with  the  Clinical  Establis hments (Central Government) Rules, 2012 under the said Act, the clinical establishments (in the Union  Territories  where  the  said  Act  is  applicable)  are  required  to  display  their  ra conspicuous place and charge the rates for each type of pr ocedures and services within the range

of rates determined from time to time in consultation with the State Governments.  The Na Council for Clinical Establishments has approved a standard list of medical procedures and a standard  template  for  c osting  of  medical  procedures  and the  same  has  been  shared  with  the States/UTs  where  the  Act  is  applicable  for  appropriate  action.  The  implementation enforcement of the said Act is within the purview of the State/UT Governments.

(b)& (c) : As stated in (a) above, 'health' being a State subject, it is the responsibility of the respective  State  Governments  to  take  action  to  prevent  and  control  such  practices.  Pre such complaints, if and when these are received by the Central Government, are forw arded to the concerned State Government for appropriate action. Details of such cases with various Stat however, not maintained centrally.

The Medical Council of India (MCI) in its regulations namely the Indian Medical Coun (Professional  Conduct, Etiquette  and  Ethics)  Regulations,  2002(as  amended  on  21.09.2016) under Clause 1.5 has prescribed the use of Generic names of drugs as below:

'Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she s hall ensure that there is a rational prescription and use of drugs '.

Further,  the  Department  of  Pharmaceuticals  has,  keeping  in  view  the  reports pharmaceutical  companies  indulge  in  unfair  practices,  formulated  the  'Uniform  Code  for Pharmaceutical  Marketing  Practices  (UCPMP)'.  It  has  come  into  operation  with  effect  from 01.01.2015.

As  stated  above,  the  Government  of  India  has  also  enacted  Clinical  Establishme (Registration and Regulation) Act, 2010 and also notified rules thereunder. The Act is c applicable in eleven States and all Union Territories except De lhi. Other State Governments need to adopt this Act or make an Act of their own to regulate the Clinical Establishments.

Health being a State subject, the measures to make people educated and aware in regard can only be taken by State/UT Government.

( d)& (e) : Health is a State subject.  However, as per the provisions of Clinical Establis (Registration  and  Regulation)  Act,  2010  and  Clinical  Establishments  (Central  Governme Rules, 2012 made thereunder, in addition to aforementioned ns, conditio the clinical establishments are also required to meet the norms such as minimum standards of faciliti services,  minimum  requirement  of  personnel,  maintenance  of  records  and  reports  and required to follow Standard Treatment Guidelines issued b y the Central/State Governments.

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