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LATEST NEWS UPDATES | Health tips -K Sujatha Rao

Health tips -K Sujatha Rao

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published Published on Dec 14, 2017   modified Modified on Dec 14, 2017
-The Indian Express

Instead of cancelling hospital licences, bring in patient centric laws, institutional capacity to enforce them.

The grievous error in declaring a live baby dead by the capital’s Max hospital, following closely on the heels of Fortis hospital charging exorbitant amounts for the treatment of a seven-year-old child diagnosed with dengue, seem to have pushed things to a tipping point.

The government responded by cancelling the licence of Max — a decision that has been welcomed by a people in distress. It is an emotional moment. The question that, however, arises is whether this act of Delhi government is legally sustainable and, if not, what should governments do?

The neoliberal policies adopted by all political parties since the ’90s for addressing the distortions of a deeply fractured economy and the obsessive concern for increasing the GDP at any cost is squarely responsible for the massive disparities and inequities that exist in our country today. These policies spurred and incentivised the growth of corporate hospitals unhindered by any need to adhere to laws, regulations or rules.

In such a laissez faire environment that would embarrass Adam Smith or Kenneth Arrow, the hospitals have been permitted to put profit above life. When chasing a return on investment without regard to impact on life — be it in the area of health or environment — is considered legitimate, then it implies unleashing animal spirits that later become difficult to contain. That is the situation today and what we are witnessing is the tension between “compromised governments” and a profit-chasing private sector that is able to get by, with impunity. It is this context that made the Delhi Government’s action seem just.

Emotions and passions aside, a closer look at the orders passed by the Delhi Government on December 8 cancelling the licence of Max hospital can be instructive. The order cites three reasons: One, violating the conditions of ensuring free treatment to 25 per cent outpatients and 10 per cent inpatients in lieu of free land. An inspection conducted on November 20 showed that the hospital was not adhering to these conditions and a show cause notice was issued on November 22; two, violating the conditions attached to the temporary permission granted on May 11 for increasing bed strength by 10-20 per cent, valid till November 10, for treating patients suffering from “dengue, chikungunya and fever cases only”. The inspection showed that the beds were, instead, being used for treating cases of hysterectomy, DJ stenting etc; and three, criminal negligence of the doctors and nurses on duty in relation to the baby who was born alive, yet declared dead.

Cancellation of the licence has been done under Section 7 of the Delhi Nursing Homes Registration Act of 1953 that states “subject to the provisions of this Act, the supervising authority may at any time cancel the registration of a person in respect of any nursing home on any ground to suspend or cancel the licence of the hospital for violation of any of the conditions laid down”. Section 8 of the same Act also stipulates that before making an order cancelling any registration, the supervising authority shall give to the person registered not less than one calendar month’s notice and so on.

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The Indian Express, 14 December, 2017, http://indianexpress.com/article/opinion/columns/max-hospital-shalimar-bagh-case-regulating-private-healthcare-services-in-india-health-tips-4981554/


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