Supreme Court asks Central Government to fix affordable rates for treatment in private hospitals pan-India

The Supreme Court recently ordered the Union Government to take necessary measures towards fixing rates for affordable medical treatment in private hospitals across India [Veterans Forum for Transparency in Public Life vs Union of India]..The Court directed the Union Health Ministry to frame a concrete proposal on notifying such affordable treatment rates at private medical establishments across the country, after meeting with the Health Ministries of States and Union Territories. .A bench of Justices BR Gavai and Sandeep Mehta added that the Union government cannot evade its responsibility on the issue of ensuring affordable healthcare. The Court passed the order on a plea calling for directions to the Union government to notify hospital treatment rates in line with rules under the Clinical Establishments (Registration and Regulation) Act, 2010. "The Act of 2010 has been enacted with an avowed object of providing medical facilities to the citizens at an affordable prices. The Union of India cannot shirk away from its responsibility by merely stating that communication have been addressed to the State Governments/Union Territories and they are not responding," the Court observed..The plea before the Court had called for directions to the Central government to determine the fees chargeable from patients in terms of Rule 9 of the Clinical Establishment (Central Government) Rules, 2012. Rule 9 makes it mandatory for medical clinics to offer their services at the rates prescribed from time to time by the Central government after consultation with States/ Union Territories. .The counsel for the Union Health Ministry, however, submitted that the Clinical Establishments (Registration and Regulation) Act has been adopted only by 12 State governments and 7 Union Territories. The remaining States and Union Territories have not been forthcoming on the issue, despite various communications from the Central government, the Court was told. Due to this, the rates for hospital treatment could not be notified by the Central government, it was submitted. .The top court was left unimpressed with the submission and ordered the Union Health Ministry to convene a meeting with the Health Ministries of States and Union Territories. "The Secretary, Department of Health, Union of India, can always hold a meeting with his counterparts of the State Governments/Union Territories to do the needful. Nowadays, physical meetings are also not necessary, it can be arranged through virtual mode. We, therefore, direct the Secretary, Department of Health, Union of India to hold a meeting with his counterparts in the State Governments/Union Territories and come with a concrete proposal by the next date of hearing," the Court ordered. .The bench also noted the submission that treatment rates have already been notified for hospitals under the Central government health scheme (CGHS). The Court warned that if a concrete proposal is not put together by the Central government as directed, the CGHS rates could be notified as the regular rates in private clinics, as an interim measure."In the event the Central Government does not come out with a concrete proposal by the next date of hearing, we will consider issuing appropriate directions in this regard," the Court said. .Country facing shortage of specialist doctors but seats in super-specialty medical courses remain vacant; solution needed: Supreme Court.The matter will be taken up next after six weeks..Advocates Kaushal Kumar Sharma, Akshit Saxena, Vibhor Sangeet Victor, and Danish Zubair Khan appeared for the petitioner, an NGO named Veterans for Transparency in Public Life.Senior Advocate Shailesh Madiyal with advocates Gurmeet Singh Makker, Sharath Nambiar, Vinayak Sharma, and Aayush Saklani represented the Central government..[Read order]