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Pricing and Private Hospitals. Stop un-scientific standardization of prices! CHAPTER 1

 A public interest litigation (PIL) filed by the NGO 'Veterans Forum for Transparency in Public Life'. In the PIL, it was noted that the cost of cataract surgery in a private hospital can range from Rs 30,000 to Rs 1,40,000 per eye, whereas the rates in a government hospital are up to Rs 10,000 per eye.

on 27th.february,2024,SC asks Centre to fix hospital treatment charges for entire country .  SC sets deadline for Centre to fix standardised hospital charges nationwide in The plea sought for the Centre to determine the fee chargeable to patients based on Rule 9 of the Clinical Establishment Rules 2012.

"If the Union government fails to find a solution, then we will consider the petitioner's plea for implementing Central Government Health Scheme (CGHS)-prescribed standardised rates," the top court warned the Centre.


Flash back:

case 1 :In supreme court:  the capping or regulation of rates chargeable by the charitable private hospitals to the Non-COVID patients :  In the decision of the Apex Court in the case of Union of India v. Moolchand Kharaiti Ram Trust, reported in (2018) 8 SCC 321, it was a case where the condition of providing free treatment to 10% Indoor Patients and 25% Outdoor Patients of poor strata of the society was imposed and it was challenged on the ground of violating Article 19(1)(g) of the Constitution of India, which is right to carry on profession, trade or business.

 

Case2 : In Nagpur bench : the capping or regulation of rates chargeable by the non-charitable private hospitals to the Non-COVID patients.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.1936 OF 2020.

The notifications dated 30-4-2020 and 21-5-2020, (called as ‘the notifications in question’), issuing the directions (called as ‘the impugned directions’) contained in clauses (4), (8), (9), (11), (12), (13), (14) and (15) to the extent applicable to Non-COVID patients in the private hospitals/health care providers and nursing homes, etc., are hereby quashed and set aside. (2) Similar provisions, as are stated in Serial No.(1) above, contained in the order No.MC/94/2020 dated 4-6-2020, issued by the Empowered Officer, i.e. the Municipal Commissioner, Nagpur Municipal Corporation, also stand quashed and set aside.

October-2020 : The Nagpur HC’s division bench comprising justices Ravi Deshpaand& Pushpa Ganediwala ruled that the government isn’t competent to such directives under DMA’s Section 65.

This bench further held that the legislature isn’t competent under public health and sanitation. Hospitals and dispensaries in Schedule VII’s List II (State List) under the Constitution of India to either frame any law/issue any direction for putting a cap on regulating rates chargeable by private hospitals.

SUPREME COURT -July-2021.    In a big respite to private hospitals across the state, the Supreme Court on Monday upheld the landmark ruling delivered by Nagpur bench of Bombay high court that the Maharashtra govt can’t fix rates for non-Covid patients in such establishments.

While refusing to entertain the state’s special leave petition challenging HC’s , the top court’s division bench comprising justices Dhananjay Chandrachud and MR Shah refused to entertain its arguments


Feb-2024 Standardise hospital treatment charges or CGHS rates will be enforced, Supreme Court tells Centre.





Yes we the HBI IMA is going to fight for justice in the supreme court along with all sister association of  FOMA.
Let's united& Fight for our rights.


in the 2nd. chapter we will analyse the Far-Reaching Implications of the Bombay High Court’s -Nagpur bench' Decision in ‘Hospitals’ Association Vs Maharashtra govt.


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