Lok Sabha Question No. 638 (UNSTARRED), answered on 2018-07-20
Subject: Negligence by Private Hospitals
Ministry: HEALTH AND FAMILY WELFARE
Asked by: SANJAY HARIBHAU JADHAV

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

## LOK SABHA UNSTARRED QUESTION NO. 638 TO BE ANSWERED ON 20 th JULY, 2018

## NEGLIGENCE BY PRIVAT E HOSPITALS

## 638. SHRI SANJAY HARIBHAU JADHAV:

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

(a) whether the Government takes suo moto cognizance of the negligence and unethical conduct against patients by private hospitals in the country and if so, the details thereof, State/UT - wise duringthe last three years;

(b)  wh ether  the  Government  will  allow hospitals  t o  have  their  way  to  financially exploit  th e common man and not taking any action against them an d if so, the details thereof; and

(c)  the steps  taken/being  taken  by  the Governme nt  to  cap  the  cost  of  treatment by  priv ate hospitals and ensure better health care facilities in the country?

## 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 State Gove take action to prevent and control such practices. Presently, such complaints, as and whe are received, are forwarded to the concerned States/UTs for appropri ate action. Details of such complaints are, however, not maintained centrally.

(b) : Health  being  a  State  subject,  taking  action  against  such  clinical  establishment within the purview of State/UT Governments.

The Government of India has, however, enacted the Clinical Establishments (Registration  and  Regulation)  Act,  2010  and  notified  Clinical  Establishments  (Cen Government) Rules, 2012. These provide for registration and regulation of Clini Establishment s including those in the private sector. Currently, the Act is applicable in 1 namely  Sikkim,  Mizoram,  Arunachal  Pradesh,  Himachal  Pradesh,  Uttar  Pradesh,  Bihar, Jharkhand, Rajasthan Uttarakhand, Assam and Haryana and all Union Territories except D elhi. Other States may adopt the Act under clause (1) of Article 252 of the Constitution.

(c): In accordance with the Clinical Establishments (Central Government) Rules, 2012 und the aforementioned Act, in the States/Union Territories where the said Act is in force, th establishments  are  required  to  meet  the  norms  such  as  minimum  standar ds  of  facilities  and services, minimum requirement of personnel, maintenance of records and reports and displa of rates at a conspicuous place. The clinical establishments are also required to follow Standard Treatment Guidelines i sued by the Central/ State Governments and charge rates for each type of procedure and service within the range of rates determined from time to time in consultati the  State  Governments.    The  National  Council  for  Clinical  Establishments  has approved  a standard list of m edical procedures and a standard template for costing of medical procedu and shared the same with the States and Union Territories for appropriate action by them implementation  and  enforcement  of  the  said  Act  falls  within  the  ambit  of  the  States/ ion territories.