Lok Sabha Question No. 1135 (UNSTARRED), answered on 2021-12-03
Subject: Excess Charges being levied by Private Hospitals
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Chandra Prakash Joshi, Sangamlal Kadedin Gupta

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

## LOK SABHA UNSTARRED QUESTION NO.1135 TO BE ANSWERED ON 3 RD  DECEMBER 2021

## EXCESS CHARGES BEING LEVIED BY PRIVATE HOSPITALS

## 1135. SHRI CHANDRA PRAKASH JOSHI AND SHRI SANGAM LAL GUPTA:

Will the MINISTER OF HEALTH & FAMILY WELFARE be pleased to state:

- (a) whether the Government has received any complaint from patients against the private  hospitals  for  charging  more  fees  from  the  patients  making  payment  in cash  than  those  patients  making  payment  through  cashless  health  insurance scheme;
- (b)  If so, the details thereof;
- (c) the action taken against such hospitals in the country;
- (d)  whether  the  Government proposes toset up any  enquiry in this regard and if so, the details thereof; and
- (e) the other corrective measures taken in this regard by the Government?

## ANSWER

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

- (a) to (e) Health being a State subject, it is the responsibility of the respective State/Union Territory  (UT)  Government  to  take  cognizance  of  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  insurance  schemes  and  to  take suitable  action  to  prevent  and  control  such  practices.  Therefore,  complaints,  if  any,  are forwarded to State/UT Governments for taking appropriate action.

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

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

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 treatment.  So, far STG for 227 medical conditions belonging to 21 clinical specialties/super specialties in allopathy and 18 medical conditions in Ayurveda have been issued by Ministry of Health and Family Welfare, Government of India.

The implementation and monitoring of the CE Act is within the remit of the respective State Government/UT Administration. As on date the CE Act has been adopted by 11 States and 6 UTs.  Another 17 States and 1 UT have their own Act.