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.
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.
Comments
Post a Comment