Kochi | The Kerala High Court on Wednesday issued a slew of guidelines, which included prominent display of rates of the services provided by clinical establishments in the state, for the effective implementation of the law regulating them.
A bench of justices Sushrut Arvind Dharmadhikari and Syam Kumar V M issued the guidelines while dismissing the appeals by the Indian Medical Association and the Kerala Private Hospitals Association against a single judge order rejecting their pleas challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.
The associations had challenged the Act and the Rules framed under it with regard to the mandatory requirement to furnish exhaustive details of all employees, including doctors and paramedical staff, and the obligation to publish the list of fees to be charged for each item of treatment and for 'packages' provided by the clinical establishments.
Upholding the single judge's June 23 decision, the division bench said the appellants have not taken any steps to implement or comply with the provisions of the Act, which is a welfare legislation, even 7-8 years after it came into effect.
It said that the private clinical establishments by their actions have deprived the citizens of the state of their fundamental rights and the benefits contemplated under the Act.
The bench directed that every clinical establishment should, at a minimum, screen and stabilise emergency patients within its capacity, ensure safe transfer, with proper documentation and communication, to a higher centre when indicated and initial life-saving aid shall not be denied for non-payment of advance or lack of documents.
In order to ensure transparency, the bench directed that every clinical establishment shall prominently display, in Malayalam and English, at the reception and admission desk and on its official website the list of services offered, baseline and package rates for commonly performed procedures, key facility information, including bed categories, availability of ICU/OT, etc and a summary of patients' rights, like emergency care and informed consent.
The court also directed that the name, phone number, and email ID of the Grievance Officer, along with contact details of the District Registering Authority or District Medical Officer (DMO) helpline and other escalation contacts should also be prominently displayed at the reception and admission desks and on the website of the establishment.
Additionally, every hospital shall provide a patient information brochure or leaflet in Malayalam and English containing details of services offered, baseline and package rates with inclusions, deposit and refund policy, discharge procedures, estimate and billing policy, 24x7 emergency care protocol and grievance redressal, among others.
For grievance redressal, every hospital or clinic shall maintain a helpline or desk and register every complaint with a unique reference number and issue an acknowledgment immediately via SMS, WhatsApp or in physical form, the bench said.
It directed that every establishment shall try to resolve all complaints within seven days and unresolved ones should be escalated to the District Registering Authority or the DMO without delay.
The bench also issued directions to ensure compliance with the provisions of the Act and for other remedies or options that a patient can pursue for deficiency of service.
It also emphasised that non-compliance of the guideline shall attract regulatory action, including suspension or cancellation of registration and imposition of penalties, under the Act.
This would be in addition to any civil, criminal, or constitutional remedies available to patients, the court said.
The bench directed the High Court's Registrar to forward a copy of the judgement to the Chief Secretary of the state and the State Police Chief for them to issue appropriate notifications or orders and ensure strict compliance of the guidelines and the provisions of the Act.
The court also directed the state government to publicise the effective content and directions in the judgement through the media for a month in Malayalam and English.
"A detailed compliance report shall be filed before this Court within thirty (30) days from the date of receipt of a certified copy of this judgment.
"Let this judgment serve not merely as a declaration of law but as a reaffirmation of the right to dignified, ethical, and equitable medical care," it said.
