SC to Centre: Take call on standard hospital charges or we may slap CGHS rates. Supreme Court criticizes Centre for not implementing Clinical Establishment Rules for standard rates, warns of implementing CGHS-prescribed rates if states don’t comply.

SC to Centre: Take call on standard hospital charges or we may slap CGHS rates. Supreme Court criticizes Centre for not implementing Clinical Establishment Rules for standard rates, warns of implementing CGHS-prescribed rates if states don’t comply.

• Supreme Court’s Demand: The Supreme Court (SC) of India has asked the Central government to determine standardized hospital charges across the country.
• Reason: The lack of standardization leads to varying, often exorbitant, healthcare costs for citizens.
• Deadline and Warning: The SC has demanded a decision and potential implementation plan within a month, otherwise, they threaten to enforce rates mandated by the Central Government Health Scheme (CGHS).
• Underlying Regulations: This is linked to the Clinical Establishments Rules, which were formulated to regulate healthcare standards and costs but have not been fully implemented by many states.

Why this matters

• Affordable Healthcare: Standard rates are crucial to make healthcare accessible across India, especially for those without extensive health insurance.
• Transparency: This would curtail potentially exploitative practices by some private hospitals.
• State vs. Central Power: This highlights a potential conflict between state autonomy and central government intervention in the healthcare sector.

Possible Outcomes

• Central Government Action: The government may rapidly formulate standard hospital charges to avoid the SC enforcing the CGHS rates.
• State Resistance: Some states may resist the move, arguing for their right to determine healthcare costs within their jurisdiction.
• CGHS Enforcement: If no resolution is reached, the Supreme Court may impose CGHS rates, likely resulting in lower charges for many patients.

1. Notification of Clinical Establishments (Registration and Regulation) ACT, 2010, Dated 28 Febtruary 2012

2. Clinical Establishments (Central Government) Amendment Rules, 2018 [Minimum Standards for Medical Diagnostic Laboratories (or Pathological Laboratories)]

3. Clinical Establishments (Central Government)Amendment Rules, 2020 [Amendment in part III a) in respect of human resource minimum standards for Medical Diagnostic Laboratories (or Pathological Laboratories)]

4. GAZETTE NOTIFICATION DATED 24th May 2021 FOR CONSTITUTION OF NATIONAL COUNCIL FOR CLINICAL ESTABLISHMENTS

List of notifications and amendments related to the Clinical Establishments (Registration and Regulation) Act, 2010. Here’s a breakdown of each point:

1. Notification of Clinical Establishments (Registration and Regulation) Act, 2010, Dated 28 February 2012:

This notification likely deals with the implementation of the Act in certain states and union territories. It might specify the commencement date of the Act in those specific regions.

2. Clinical Establishments (Central Government) Amendment Rules, 2018 [Minimum Standards for Medical Diagnostic Laboratories (or Pathological Laboratories)]:

This amendment introduces minimum standards for medical diagnostic or pathological laboratories. It sets the requirements these facilities must meet to operate legally.

3. Clinical Establishments (Central Government) Amendment Rules, 2020 [Amendment in part III a) in respect of human resource minimum standards for Medical Diagnostic Laboratories (or Pathological Laboratories)]:

This further amends the 2018 amendment, specifically focusing on the minimum human resource standards for medical diagnostic or pathological laboratories.

4. GAZETTE NOTIFICATION DATED 24th May 2021 FOR CONSTITUTION OF NATIONAL COUNCIL FOR CLINICAL ESTABLISHMENTS:

This notification establishes the National Council for Clinical Establishments, a crucial body responsible for overseeing the implementation of the Act and advising the government on related matters.