Seeks Implementation of Clinical Establishments Rules, 2012
New Delhi : The Supreme Court on Tuesday issued notice on a petition seeking the enforcement of Rules 9(i) and 9(ii) of the Clinical Establishments (Central Government) Rules, 2012, which mandate that hospitals and clinical establishments display rates for services and charge fees within a prescribed range.
Rule Not Enforced for Over a Decade
Though framed in 2012 under the Clinical Establishments (Registration and Regulation) Act, 2010, Rule 9 has not been implemented as the Central Government is yet to notify the permissible rate ranges in consultation with state governments.
Bench Seized of Matter After Judicial Recusals
A Bench of Justices BR Gavai and AG Masih issued the notice after hearing Senior Advocate CU Singh, representing the petitioner, Voice Society. The matter, previously listed before CJI Sanjiv Khanna and Justice Sanjay Kumar, was reassigned after Justice Kumar recused, and CJI Khanna was engaged with another related case filed by the Veterans Forum for Transparency in Public Life.
Centre Under Fire for Inaction
In earlier hearings, the Supreme Court had pulled up the Union Government for failing to notify the service charge ceilings, despite repeated promises. The Court emphasized that the fundamental right to healthcare under Article 21 cannot be compromised due to bureaucratic delays.
Court May Consider CGHS Rates as Interim Standard
In a significant development last year, the Court warned that if no progress was made, it may direct the use of Central Government Health Scheme (CGHS) rates as a temporary standard for private hospitals until a final framework is notified.
Parallel Challenge to Constitutionality of Rule 9(ii)
The Association of Healthcare Providers (India) has also filed a petition challenging Rule 9(ii), calling it unconstitutional. It argued that fixed pricing may stifle medical innovation due to high costs of newer procedures and implants.
Key Reliefs Sought in Present Petition
- Enforcement of Rule 9(i) and 9(ii) across all states and UTs where the parent Act applies.
- Mandatory display of service charges in local and English languages at a conspicuous place in every clinical establishment.
- Notification of the Charter of Patients’ Rights as proposed by the Union Health Ministry in November 2022.
