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The National Council for Clinical Establishments (NCCE) has recommended to form an expert committee comprising representatives from various stakeholders for the determination of rates as per the provisions under the Clinical Establishments (Central Government) Rules, 2012.
The Council was considering various ongoing litigations related to determination of range of rates under the Rule 9(ii) of the Rules, and operationalising of the provisions of the Clinical Establishments Act, in its meeting held earlier this year.
"It was recommended to form an expert committee for the determination of rates under Rule 9(ii) of the CE (CG) Rules, 2012. The committee will comprise representatives from various stakeholders, ensuring a comprehensive and inclusive approach to rate determination," it said.
Rule 9(ii) of the CE (CG) Rules, notified in the year 2012, mandates that for registration and continuation of clinical establishments, one of the conditions every clinical establishment shall fulfill is that these establishments "shall charge the rates for each type of procedures and services within the range of rates determined and issued by the Central Government from time to time, in consultation with the state governments."
The other conditions to be fulfilled by the clinical establishments, as per the Rules, include that every clinical establishment shall display the rates charged for each type of service provided and facilities available, for the benefit of the patients, they shall ensure compliance of the Standard Treatment Guidelines as may be determined and issued by the Central or state governments, and they shall maintain and provide electronic medical records or health records of every patient from time to time, among others.
According to the minutes of the meeting, published recently, the Council also recommended that the representatives from Consumer Voice, Dental Council of India, Indian Medical Association, the hospitals and healthcare service providers' organisation Nat Health, Ministry of Ayush, Association of Healthcare Providers (India), NHS and one representative from each states and Union Territories irrespective of whether the CE Act is adopted or not.
It also recommended that the same person should be attending the meetings every time.
The Council also advised to share the costing template prepared by the clinical establishment division with all the members of the national council for their review.
It may be noted that earlier, various healthcare related organisations including the Veterans Forum for Transparency in Public Life, Jan Swasthya Abhiyan (JSA), and Patients Rights Campaign, among others approached the Supreme Court of India on various matters including determination of range of rates of clinical establishments in the country.
While the Central government has informed the Apex Court that the implementation of the rates has to take place in the states, the Court observed that the Central Government has the responsibility to fix the rates. It has also earlier asked the Centre to file an affidavit as to whether the needful has been done or not as far as the role of the Central government is concerned.
The Council observed that a total of 24 running cases pertaining to the Clinical Establishments Act, 2010, are pending in various courts of India, including the Supreme Court.
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