Experts call for regulation and standardisation of private healthcare in India

Complete enforcement of the Clinical Establishments Act and Patients’ Rights Charter is necessary, says the non-profit Jan Swasthya Abhiyan

Seeking affordable healthcare access across the country, the non-profit Jan Swasthya Abhiyan (JSA), a coalition of health experts, activists and organisations working for public health in India, has decided to intervene in the various petitions challenging the regulation of hospital charges.

“The decision to file the intervention application is part of JSA’s efforts to regulate private hospitals’ costs to ensure patient’s rights,’’ JSA co-convenor Abhay Shukla said.

According to 2024 data from the World Bank, 129 million people in India live in extreme poverty, which means they live on less than ₹180 a day. The Central government’s think tank Niti Aayog notes that about 10 crore people, or 7% of India’s population, are pushed into poverty each year due to healthcare costs. High out-of-pocket expenditure on healthcare is a significant challenge in India, especially for low income families. 

Currently, the prices of healthcare services, standards of care, and other ethical aspects linked with frequent violation of the rights of patients, are unregulated in private healthcare in India, the JSA said, adding that “massive overcharging” by private hospitals pushed lakhs of families into financial distress.

The group added that although important laws, including the Clinical Establishments Act (CEA) of 2010 exist to regulate private hospitals, their actual, full and uniform implementation has been stalled.

“To change this situation, a PIL (public interest litigation) was filed in the Supreme Court by the JSA in 2021, which could majorly change this picture in the favour of patients and consumers. The JSA’s PIL asks for regulation and standardisation of private healthcare across India by enforcing the CEA and the Patients’ Rights Charter,’’ Dr. Shukla said.

The plea seeks the implementation of the 20-point Patients’ Rights Charter for protection from malpractice. Transparent hospital rates, with mandatory display, is also sought.

The respondents in the PIL include the Central government, the National Human Rights Commission, and all State governments, regardless of whether or not the States have adopted the CEA. Additionally, it advocates for grievance redressal mechanisms at the district, State, and Central levels to resolve issues faced by patients in private hospitals.

The JSA in its release said that the passing of the Clinical Establishments (Registration and Regulation) Act of 2010, and the CEA Rules of 2012 is a significant positive step adopted by many States and Union Territories.

As of now, only 12 States — Arunachal Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Jharkhand, Mizoram, Rajasthan, Sikkim, Telangana, Uttar Pradesh, and Uttarakhand — have adopted the CEA. However, even in the States where the Act has been enacted, massive delays in ensuring its proper implementation have rendered the legislation largely ineffective, the group said.

“Crucial aspects of regulation of clinical establishments, like permanent registration, notification of minimum standards, notification of standard treatment guidelines, ensuring transparency in charges, and standardisation of rates for services, are yet to be implemented. The issue of high costs in private healthcare remains unaddressed due to the inadequate implementation of the Act,’’ the JSA stated.

Published - December 28, 2024 06:38 pm IST