Lok Sabha Question No. 3424 (UNSTARRED), answered on 2015-12-18
Subject: Registration under Clinical Establishment Act
Ministry: HEALTH AND FAMILY WELFARE
Asked by: RAJENDRA AGRAWAL, DHARMENDRA YADAV, G. HARI, Shrirang Appa Barne, ANANDRAO  ADSUL

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

## LOK SABHA UNSTARRED QUESTION NO. 3424 TO BE ANSWERED ON 18 TH DECEMBER, 2015

## REGISTRATION UNDER C LINICAL ESTABLISHMENT ACT

## 3424. SHRI RAJENDRA AGRAWAL:

SHRI DHARMENDRA YADAV:

SHRI G. HARI:

SHRI SHRIRANG APPA BARNE:

SHRI ANANDRAO ADSUL:

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

- (a) whether Indian Medical Association (IMA) has demanded to exempt accredited hospitals from registration under the Clinical Establishments (Registration and Regulation) Act (CEA) and if so, the details thereof;
- (b)  whether  Jan  Swasthya  Abhiyan (JSA)  has  opposed  to  any  exemption  of doctors  or hospitals from licensing under the CEA and if so, the response of the Union Government thereon;
- (c) whether the JSA has demanded a grievance redressal mechanism for patients in case of violation of the standards and punishment for any lapse and if so, the details thereof and the action taken by the Governmen t thereon;
- (d) whether the Government has taken note of the violations of the said act across the country including Uttar Pradesh; and
- (e) if so, the details thereof indicating the number of such violations reported during each of the last three years and the current year, State/UT - wise and the corrective measures taken by theGovernment in this regard?

## ANSWER

## THE MINISTER OF HEALTH AND FAMILY WELFARE (SHRI JAGAT PRAKASH NADDA)

- (a): The  Indian  Medical  Association  has,  in  its  correspondence  with  the  De partment  of Health  and  Family  Welfare,  stated  that  the  objectives  sought  to  be  achieved  by  Cl Establishment (Registration and Regulation) Act, 2010, can also be achieved by accredi of such establishments by National Accreditation Board for Hosp itals (NABH).
- (b): Jan Swasthya Abhiyan (JSA) has opposed any exemption of doctors or hospitals fro licensing under the CEA. Accreditation is a voluntary process and cannot be the bas regulation.  Only  very  few  health  care  facilities  have  voluntarily applied  for  NABH accreditation so far. Besides, NABH accreditation is a costly process and increases t of healthcare for consumers.  It is, however not a substitute for registration and under the Clinical Establishment (Registration and Regulation) Act, 2010.

(c): Grievance redressal mechanisms form part of the Minimum Standards of the Clinica Establishments  and  it  is  the  responsibility  of  the  Clinical  Establishments  to  provi mechanisms in their establishments. The implementa tion of the provisions of the Clinical Establishments  Act  and  Rules  thereunder  is  the  responsibility  of  the  State  Governm However, many State Governments have not adopted the Act as yet.

(d) & (e): Health  is a  State  Subject  and  as  per  the  provisions of  the  Clinical Establishments Act, the State Government authorities namely District registering Auth at  District  level  and  State  Council  for  Clinical  Establishments  at  the  State  l responsible  for  implementation  and  monitoring  of  the  Act  inclu ding  taking  corrective measures in  case of violation of the Act. Data regarding such violations is, howev compiled and maintained centrally.