The high court has said the West Bengal Clinical Establishment Regulatory Commission’s multiple advisories and an order to fix charges for private hospitals are “unconstitutional” and not binding on the petitioner, Apollo Multispeciality Hospitals.
The Telegraph spoke to the chairperson of the commission, retired judge Ashim Banerjee, and senior officials of several private hospitals to find answers to some of the questions that you might have.
Can I approach the commission if I feel a hospital has overcharged me?
Commission chairman Banerjee said he would not comment. “We are studying the order. The copies of the order are being sent to members of the commission, who, too, are studying it. At this moment, I cannot comment on this,” he said.
An official of a private hospital said the commission can still hear complaints of overcharging but cannot pass any order. “After implementing the court order, the commission can decide whether to go for an appeal. As of now, if it passes any order on overcharging against any private healthcare institute, it can be immediately challenged in court in the backdrop of this judgment,” the official said.
How many advisories/orders have been issued by the commission to fix rates?
The commission has issued 26 advisories and one order to fix rates. In the order, issued on July 2, 2021, it fixed radiological and pathological diagnostic rates for private hospitals in Bengal. The rate for chest X-Ray PA view was fixed at Rs 400, while that for a complete haemogram at Rs 450.
The commission’s lawyers had submitted in the court that the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act 2017 “is a social welfare legislation for the benefit of patients….” The lawyers had submitted that the legislation was enacted to deal with the lack of transparency in the functioning of private hospitals and exploitation of patients.
The commission chief said: “Through the advisories we provided relief to many people during the Covid pandemic.”
What kinds of complaints can the commission hear now?
Commission officials said they would not comment at the moment. But an official of another private hospital said the commission can hear any complaint but cannot pass an order regarding charges. The commission hears several types of complaints, like overcharging, refusal to hand test reports to patients or their families over payment disputes and refusal or delay in treatment, among others.
Can the state government fix rates under the Swasthya Sathi scheme?
The commission chairman said the Swasthya Sathi scheme was not related to the high court judgment. So the government can fix rates under the scheme. An official of a private hospital, too, said Swasthya Sathi rates can be fixed by the government.
Will the order affect those under CGHS (central government health scheme)?
No, said the commission chairman as well as the officials of private hospitals.
