Lok Sabha Question No. 3210 (UNSTARRED), answered on 2021-08-06
Subject: Fixing accountability of hospitals
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Kinjarapu Ram Mohan Naidu

## LOK SABHA UNSTARRED QUESTION NO.3210 TO BE ANSWERED ON 6 AUGUST 2021

## FIXING ACCOUNTABILITY OF HOSPITALS

## 3210 SHRI RAM MOHAN NAIDU KINJARAPU:

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

a)  whether  the  Government  has  put  in  place  any  mechanism  for  ensuring  accountability  and transparency in hospitals management and patient care and if so, the details thereof;

b) the number of complaints registered against hospital authorities and staff during the pandemic along with number of such complaints resolved, State/UT-wise;

c) the other new measures that the Government proposes to undertake with regard to redressal of such complaints;

d) whether the Government proposes to create any special mechanism for registration and speedy trial of such complaints; and e)  the  necessary  steps  taken/proposed  to  be  taken  to  prevent  and  address  the  issue  of  black marketing  of  essential  medical  supplies  along  with  details  of  such  recorded  cases  and  the supplies that were confiscated?

## ANSWER

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

a)  to  d)  Government  of  India  has  enacted  the  Clinical  Establishments  (Registration  and Regulation)  Act,  2010  (CE  Act,  2010)  and  notified  Rules  thereunder  for  registration  and regulation of the Clinical Establishments in order to achieve improvement in public health.

As per the Act, no one can run a clinical establishment without registration in a State /Union Territory  (UT),  where  the  aforesaid  Act  is  applicable.  For  grant  of  registration  and  its continuation, every clinical establishment is required to fulfill the conditions such as minimum standards of facilities and services, minimum requirement of personnel, maintenance of records and  reports  and  display  of  rates  for  each  type  of  service  provided  and  facility  available  at  a conspicuous place. Further every clinical establishment is required to provide treatment 'within the staff and facilities available' to stabilize the emergency medical condition of an individual who  comes  or  is  brought  to  the  clinical  establishment.  The  clinical  establishments  are  also required to follow Standard Treatment Guidelines issued by the Central/State Governments.

The Act provides for a district registering authority in every district of the State/UT where the Act  is  applicable.  In  case  of  non-compliance  of  conditions  of  registration  by  the  clinical establishment,  the  said  Authority  is  empowered  to  take  action  including  cancellation  of registration and imposition of penalties, as appropriate.

Thus the CE Act, 2010 provides sufficient scope for the States and UTs to effectively redress any complaint and curb unethical medical practices.

As on date, the CE Act, 2010 is applicable in 11 States namely Sikkim, Mizoram, Arunachal Pradesh, Himachal Pradesh, Uttar Pradesh, Uttrakhand, Bihar, Jharkhand, Rajasthan, Assam and Haryana and all Union Territories except Delhi and Ladakh.

Health  being  a  State  subject,  it  is  for  the  respective  State/UT  to  put  in  place  mechanisms  for ensuring  accountability  and  transparency  in  hospital  management  and  patient  care  including implementation of the provisions of the CE Act, 2010, wherever the Act is applicable.

e)  Amidst  reports  of  black-marketing/hoarding/overcharging  for  Covid-19  management  drugs, the Office of Drug Controller General of India (DCGI) has requested Drugs Controllers of all States/UTs  through  several  advisories  to  instruct  their  enforcement  staff  to  keep  strict  vigil especially  at  sensitive  places  and  to  take  stringent  action  against  the  offenders  by  conducting special drives of monitoring and investigation.

As  per information available from  various State Drugs  Controllers, in cases of  blackmarketing/hoarding/overcharging for Covid management drugs, various enforcement actions like drug  seizure,  arrests  of  accused  persons/registration  of  FIR  etc.  have  been  carried  out  by  the Drugs Controllers of the State/UT. As per information available, a total of 159 seizures of drugs and medical supplies like Remdesivir, Favipiravir, Medical Oxygen, sanitizers, masks, oximeters, thermometers etc. have been carried out as part of enforcement activities.