Govt: 2012 Rules for clinics ensure quality healthcare, Pg9

Key Highlights:

• The Union Health Ministry defended the constitutional validity of the Clinical Establishments (Central Government) Rules, 2012 in the Supreme Court.
• The rules, specifically Rule 9(ii), mandate clinical establishments to charge for services within government-determined rate ranges.
• The Ministry cited Article 47 of the Constitution, a Directive Principle of State Policy, as the basis for these regulations.
• The objective is to ensure healthcare prices are affordable for the common man while also incentivizing industry growth and quality.

Detailed Insights:

• The counter-affidavit was filed on August 4 in response to petitions challenging Rule 9(ii) of the 2012 Rules.
• The government asserts that the Clinical Establishments (Registration and Regulation) Act, 2010 and its rules aim to improve quality, safety, transparency, and accessibility of healthcare.
• The legislative framework seeks to prescribe minimum standards for facilities and services, ensuring patients are informed of charges.
• The Centre dismissed challenges to Rule 9(ii) under Article 14, 19(1)(g), and 21 of the Constitution as unfounded.
• The provision allows for a range of prices, enabling clinical establishments to adjust charges based on infrastructure, service quality, and patient demographics.
• Health is a State subject, and the Clinical Establishments (Registration and Regulation) Act, 2010 applies only when adopted by a State or Union Territory under Article 252.

Key Concepts Involved:

• Clinical Establishments (Registration and Regulation) Act, 2010: A central law enacted to provide for the registration and regulation of all clinical establishments in the country.
• Clinical Establishments (Central Government) Rules, 2012: Rules framed under the 2010 Act, detailing provisions for standards and regulation of charges for healthcare services.
• Article 47 of the Constitution: A Directive Principle of State Policy that mandates the State to raise the level of nutrition, standard of living, and improve public health.
• State Subject: A classification in the Seventh Schedule of the Indian Constitution, granting states exclusive legislative power over certain matters like public health.