Lok Sabha Question No. 802 (UNSTARRED), answered on 2021-07-23
Subject: Overcharging by Private Hospitals
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Krishna Pal Singh Yadav

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

LOK SABHA UNSTARRED QUESTION NO. 802 TO BE ANSWERED ON 23 RD JULY, 2021

## OVERCHARGING BY PRIV ATE HOSPITALS

## 802. DR. KRISHNA PAL SINGH YADAV:

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

(a)  whether  the  Government  has  received  complaints against  private  hospitals  for  charging excess fees for the same procedures from the patients paying in cash as compared to those who pay through cashless health insurance schemes, if so, the details thereof along with the reasons therefor;

(b) the action taken by the Government against such hospitals till date;

(c) whether the Government proposes to conduct any inquiry in this regard and if so, the details thereof; and

(d) the other corrective steps taken by the Government in this regard?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (DR . BHARATI PRAVIN PAW AR )

(a)  to (d):        As  per  constitutional  provisions,  Health  is  a  State  subject.  It  is,  th responsibility of the respective State/Union Territory (UT) Government to take cognizan complaints against private hospitals including for charging excess fees for the same procedures from the patients paying in cash as compared to those who pay through cashless health ins schemes and to take suitable action to prevent and control such practices. Therefore, com if any, are forwarded to State/UT Gov ernments for taking appropriate action.  Details of such complaints and action taken by respective State/UT are not maintained Centrally.

Government  of India  has  enacted  the  Clinical  Establishments  (Registration  a Regulation) Act, 2010 (CE Act, 2010) and notified Clinical Establishments (Central Government) Rules, 2012, as emended in 2018 and 2020 thereunder, which prescribe conditio for registration and regulation of clinical establishments (both Government and Private country.  As per the Act, among other conditions the clinical establishments in the States/U which have adopted the Act, are required to display the rates charged for each type of provided and facilities available in the local as well as in English language at a co ous place for the benefit of the patients. Further, as per the Act, the clinical establishment charge  the  rates  for  each  type  of  procedure  and  service  within  the  range  of determined and issued by the Central Government in consultation with th e State Government from time to time.

Towards this the Central Government has shared a standard list of medical procedu and standard template for costing with the States/UTs where the Act is applicable, for n action by them.  The Act further pr ovides for a registering authority in each district, which empowered  to  conduct  inquiry  in  case  of  violation  of  the  provisions  of  the  Act  and necessary action including imposing penalties and cancellation of registration, if applica

Further  as per  the  Act,  the  Central/State  Government  issues  Standard  Treatment Guidelines (STG) from time to time which also facilitate rationalisation of cost of treat far  STG  for  227  medical  conditions  belonging  to  21  clinical  specialties/super  special es  in allopathy and 18 medical conditions in Ayurveda have been issued by Ministry of Health Family Welfare, Government of India.

The implementation and monitoring of the CE Act is within the remit of the respec State  Government/UT  Administration. The  Act  as  on  date  is  applicable  in  11  States  namely Bihar,  Jharkhand,  Uttrakhand,  Himachal  Pradesh,  Arunachal  Pradesh,  Sikkim,  Rajastha Mizoram, Uttar Pradesh, Assam and Haryana and 6 Union Territories namely Puducherry, Dadr & Nagar Haveli and Daman & Diu, Andaman & Nicobar, Chandigarh, Lakshadweep and Jammu & Kashmir.