What will be the outcome of Clinical Establishments (Registration and Regulation) Act?

The statement of Punjab’s Health Minister that the state will soon adopt the ‘Clinical Establishments Act’ to regulate private hospitals, on the lines of neighbouring states’ have created consternation. But Doctors are up in arms with their arguments and maintain that when the government isn’t dispensing out any subsidies to the doctors, it didn’t have the right to impose a cap on fees. Doctors purchase land, pay bills at commercial tariff and deposit taxes without any exemption. Moreover, there is no cap on compensations awarded by consumer courts against doctors in case of negligence. Health for all has been the unfulfilled aim of the government.

Doctors’ again argued that the successive governments have miserably failed to build the appropriate infrastructure and through this act, the government is trying to shift its responsibility on private doctors. Even our Constitution enshrines right to life in its Article 21 that includes the “right to livelihood” too, then why not our government?

Corporate hospitals which enjoy the conservation and care from the government and also some subsidies. Rather than this, private doctors are already providing world class medical services at peanuts cost. If this act would come then it will only crush the private doctors. So far, only 9 states and UTs have adopted the act.

But the government maintains that the act provides for registration and regulation of all clinical setups. The idea is standardization of protocols and fixation of costs, regulation of standards of services. But clinics which enjoy political clout continue to violate the law. As if the government doesn’t involve doctors’ body into its decision making process for health, the state may soon find doctors at the barricades.

Point of discussion-When there is no capping of compensation awarded by courts in cases of alleged medical negligence, how can there be capping over professional fees of doctors?

By- Shikha Goyal, Student Reporter, INBA