Maha to implement Clinical Establishment act soon?

In the year 2010, the central government introduced Clinical Establishment Act in order to stop ill practices in the private health sector. This law has been enacted in all the Union Territories and four states. In Maharashtra, since the year 2014, this bill is with finance department for the approval. Few days ago, after two hospitals were accused of overbilling and declaring the new born dead, the union health minister has asked to implement the act

With an aim to protect the interests of patients, the state government is all set to implement the Clinical Establishment Act. Dr Deepak Sawant, the state health minister informed regarding this in Maharashtra assembly.

Dr Deepak Sawant, the state health minister said, “State government is making efforts to implement central government’s Clinical Establishment Act. State government is working positively to adopt Centres Clinical Establishment act in Maharashtra. File of the act has been sent to finance department for approval. Once we get the recommendations state government will take a call on enacting the law in Maharashtra.”

Within 15 days, two big hospitals were accused of overbilling and declaring the new born dead. After which, Union Health Minister J P Nadda has written to all states asking them to implement the Clinical Establishment Act.

Clinical Establishment Act timeline:

  • The centre implemented the Clinical Establishment Act in the year 2010
  • To implement this law in Maharashtra, a committee was formed under Maharashtra Medical Council ex-chief Dr Kishor Taori
  • The committee submitted the draft of the law in 2014 to the government
  • In December 2014, bill was sent to the law department
  • The law department sent the bill to the finance department in June 2015
  • The finance department has asked for advice from the health department

Since the year 2015, there is a discussion going on this bill. But, nothing worked. Even, Pune’s NGO Jan Aarogya Abhiyan, has been demanding the implementation of the act. But, the doctors are opposing it. Karnataka doctors had called off strike after the Karnataka government presented the law in the assembly.

Salient Features of Clinical Establishment Act:

  • The purpose of the Act is to provide for the registration and regulation of clinical establishments with a view to prescribe minimum standards of facilities and services, which may be provided by them
  • The act will be applicable to all clinical establishments (hospitals, maternity homes, nursing homes, dispensaries, clinics, sanatoriums or institutions by whatever name called, that offer services for diagnosis, care or treatment of patients in any recognised system of medicine
  • The clinical establishments shall charge the rates for each types of procedures and services within the range of the services determined and issued by the central government from time to time, in consultation with the state government
  • The clinical establishments shall ensure compliance of the standard treatment guidelines as may be determined and issued by the central government or the state government as they case may be, from time to time
  • The clinical establishments shall maintain and provide electronic medical records or electronic health records of every patient as may be determined and issued by the central government or the state government as the case may be, from time to time
  • Every clinical establishment shall maintain information and statistics in accordance with all other applicable laws for the time being in force and the rules made there-under