Will private hospitals be harmed by the "right to health" bill in Rajasthan?
The war between Ashok Gehlot Government Vs. Doctors in Rajasthan are intensifying daily over the demand to withdraw the Right to Health Bill. On the one hand, the Medical Minister of the Gehlot government, Parsadilal Meena, has declared it impossible to withdraw the Right to Health Bill. At the same time, doctors in Rajasthan are continuously uniting against this Bill. On 27th March, thousands of doctors not only demonstrated their strength by rallying but also showed their fighting spirit.
Discussions are on to take the movement to the national level. State President of the Indian Medical Association, Dr. Ashok Sharda, said the government should find a solution soon. Units of all the districts have been permitted to take out dharnas, demonstrations, and rallies. He said discussions are also taking the movement to the national level. While Dr. Sunil Chugh said that surrender letters of the scheme are being prepared from private hospitals associated with RGHS and Chiranjeevi scheme. If the government does not agree, then these schemes will be surrendered.
The Rajasthan Assembly on 21st March passed the Rajasthan Right to Health (RTH) Bill 2022, where people of the state will be entitled to emergency care in private hospitals without any prepayment. Health Minister Parsadi Lal Meena said that the government is committed to providing health facilities to the people. He said there had been complaints that some private hospitals do not treat patients in Chiranjeevi Health Insurance Scheme despite having a Chiranjeevi card, and hence the Bill was brought. He replied to the debate on the same. The state is becoming a model state in the health field, and 7 percent of the budget is spent on the health sector.
What is RTH (Right To Health) Bill?
· The Rajasthan Right to Health Bill, also known as the Rajasthan Guaranteed Delivery of Public Services (Health) Bill, was introduced by Rajasthan in 2011 to provide comprehensive healthcare services to all citizens of the state.
· The Bill proposes the establishment of a state health authority responsible for implementing and monitoring the provisions of the Act. The authority would ensure access to quality health care services, including preventative, promotive, curative, and rehabilitative care, to all residents of Rajasthan. It would also oversee the functioning of health institutions, including government and private facilities, and regulate the fees charged by private healthcare providers.
· The Bill includes provisions for creating a Health Rights Commission to hear and redress complaints related to violating health care rights. It also proposes penalties for healthcare providers who fail to provide services under the provisions of the Act.
Know the unique features of this Bill:
· If the patient is unable to pay, the requisite fee will be reimbursed by the State Government.
· According to the Bill, treatment of a patient without prior payment of requisite fee by public health institution, health care establishment, and designated health care centers during an accident, snake or animal bite, and any other emergency treatment as decided by the State Health Authority Will be done.
· The Bill states that during emergency treatment, such as an accident or any other emergency as decided by the State Health Authority, the patient shall be treated without prior payment of the requisite fee.
· No healthcare provider shall delay treatment merely to obtain police clearance or a police report.
· If a patient does not pay the fee, the healthcare provider shall be entitled to recover the requisite fee and charges or appropriate reimbursement from the state government, the bill states.
· Any person who knowingly contravenes any of the provisions of this Act or any rule made thereunder shall be punishable with a fine which may extend to ₹10,000 for the first contravention and with a fine which may extend to ₹20,000 for subsequent infringements.
RTH has some drawbacks, like 'Emergency' is not defined correctly:
· The word 'emergency' in the Right to Health Bill has become the biggest headache. The Bill has made a provision that no private hospital can deny treatment to any patient in case of an 'emergency.' If any hospital refuses treatment, the government will take action against them. Private hospital operators and doctors say the word 'emergency 'needs to be appropriately defined. The sword of action against the private hospital will always hang in such a situation. Understand this in the same way that if a patient suffering from another disease or accident comes to the eye hospital, how is his treatment possible? Similarly, if a heart patient or a patient of snack bite comes to the women's delivery and gynecology hospital, treatment is not possible there, even in an emergency. How is delivery or other treatment possible for women in a hospital without a gynecologist?
It is not fair to force doctors:
· Along with 'emergency,' there is a big protest against private hospitals regarding the treatment guarantee. After implementing the Right to Health Act, the doctor will guarantee the treatment of every patient. If a severe patient reaches the hospital and treatment is not possible in the hospital, then naturally the patient has to be referred to a bigger hospital. Who guarantees the patient dies before the big hospital during the referral?
· Private hospital doctors ask how can the referring doctor guarantee that the patient will not die in critical condition. Due to this provision, quarrels between the private hospital and the family members will increase, and they will have to go to court.
Therefore, the Medical Minister of the Gehlot government, Parsadilal Meena, has declared it impossible to withdraw the Right to Health Bill.
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