Ensuring Affordable and Standardised Private Healthcare in India

Ensuring Affordable and Standardised Private Healthcare in India

Sub : Polity

Sec: Legislation in news

Why in News

• The Jan Swasthya Abhiyan (JSA), a coalition of health experts, activists, and public health organisations, has highlighted the urgent need to regulate and standardise private healthcare in India. A Public Interest Litigation (PIL) filed by the JSA in the Supreme Court seeks enforcement of the Clinical Establishments Act (CEA) of 2010 and the Patients’ Rights Charter to address overcharging and ensure better healthcare access.

Key Issues in Private Healthcare Regulation:

• According to the World Bank (2024), 129 million Indians live in extreme poverty, earning less than ₹180 per day.
• NITI Aayog estimates that approximately 10 crore people (7% of the population) are pushed into poverty annually due to healthcare costs.
• High out-of-pocket healthcare spending disproportionately impacts low-income families, exacerbating financial hardships.
• Private healthcare services remain largely unregulated regarding costs, standards of care, and ethical practices.
• Patients’ rights are frequently violated, highlighting the need for stronger enforcement mechanisms.

Clinical Establishments (Registration and Regulation) Act, 2010:

• The Clinical Establishments (Registration and Regulation) Act, 2010, is a legislative framework established by the Indian Parliament to oversee the registration and regulation of clinical establishments across the country.
• Its primary objective is to ensure the provision of minimum standards of facilities and services by these establishments, thereby enhancing public health outcomes.
• The Act applies to all types of clinical establishments, including hospitals, maternity homes, nursing homes, dispensaries, clinics, and sanatoriums, whether operated by the public or private sector, except those under the military forces.
• It encompasses both therapeutic and diagnostic services, including AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homeopathy) establishments.
• Mandatory registration of all clinical establishments is required to ensure compliance with prescribed minimum standards.
• Provisional registration is valid for one year and must be renewed; establishments can also apply for permanent registration. The registration certificate must be prominently displayed within the establishment.
• National Council: Responsible for formulating policies and standards for clinical establishments at the national level.
• State/Union Territory Councils: Tasked with implementing the Act’s provisions within their respective jurisdictions.
• District Registering Authorities: Handle the registration process and maintain records of clinical establishments at the district level.
• Standard Treatment Guidelines (STGs) are provided to ensure uniformity in healthcare delivery.
• Establishment of a digital registry at both state and national levels to maintain comprehensive records of all registered clinical establishments.
• Operating an unregistered clinical establishment can result in fines, with higher penalties for repeated offenses.
• As of now, 12 states—Arunachal Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Jharkhand, Mizoram, Rajasthan, Sikkim, Telangana, Uttar Pradesh, and Uttarakhand—have adopted the Act.