Pune Municipal Corporation warns Private hospitals not to withhold bodies over unpaid bills

Pune: Just days after the Pune Municipal Corporation (PMC) issued a show cause notice to Manipal Hospitals for allegedly refusing to release a deceased patient's body over an unpaid bill of Rs 1.75 lakh, the civic body has now clearly directed all private hospitals, nursing homes, and medical establishments under its jurisdiction not to withhold dead bodies due to unpaid medical bills or any other reason.

This decision comes after media reports highlighted two private hospitals that allegedly kept deceased patients’ bodies for nearly 6-8 hours because their families couldn’t immediately pay the outstanding medical bills.

Issuing a notice in this regard to all private hospitals, nursing homes, and medical establishments within its jurisdiction, the civic body said, "Under no circumstances, dead bodies should be held hostage over unpaid bills or other reasons. Private hospitals and nursing homes within PMC’s jurisdiction are granted registration under the provisions of the Bombay Nursing Homes Act, 1949. Registration renewal is also issued after the stipulated period. However, following the norms mentioned in the Act is mandatory."

Also read- Manipal Hospitals Pune gets show-cause notice for holding body over unpaid bill

As per the provisions of The Bombay Nursing Homes Act, 1949 and the Government of Maharashtra notification dated January 14, 2021, it is expected that hospital administration deals courteously with all patients, as stated in the notice.

"Through this letter, you are hereby informed that it is mandatory for your nursing home, hospital to strictly follow all the instructions under The Bombay Nursing Homes Act, 1949 and the Government of Maharashtra notification dated 14th January 2021, especially Rule No. 11 (j) and (l) from the said notification," reads the notice. 

Medical Dialogues recently reported that a show cause notice was issued to Manipal Hospitals in Kharadi after it allegedly refused to hand over the body of a deceased patient to his family until they cleared an outstanding bill of Rs 1.75 lakh. The body was reportedly released only after six hours of keeping it hostage.

The notice, issued by the Pune Municipal Corporation (PMC) on Wednesday, asked the hospital to submit a factual report along with a written explanation from the concerned doctors within 24 hours of receipt of the notice.

Rambhau Jadhav, a 54-year-old farmer, was admitted to Manipal Hospitals on May 4 for an angioplasty. However, the procedure was not carried out, and instead of the angioplasty, the doctors fitted a pacemaker temporarily. He died on the morning of May 6 at 10 am.

According to Jadhav’s relative, Ganesh Kharpude, the hospital had initially estimated the cost of treatment at Rs 2.9 lakh, but the hospital later presented them with a bill of Rs 3.3 lakh. However, the bill was reduced to Rs 1.75 lakh, and they refused to release the body until payment was made.

Kharpude said the family repeatedly pleaded with the hospital to allow them to take the body so they could perform the last rites, promising to pay the amount later. But they did not listen until Pune Times Mirror called the hospital, and they handed over the body within 30 minutes.

Similarly, another show cause notice was issued to Poona Hospital on April 28, for allegedly mishandling and holding the dead body of a deceased patient for eight hours. 

After PMC's notice to all private hospitals, Dr Nina Borade, health chief of PMC, told HT, "According to the Nursing Home Act and its amended regulations, all healthcare institutions are required to provide basic life-saving treatment to critical patients as a priority, regardless of their financial situation. In the event of a patient’s death, after completing the necessary medico-legal procedures, the body must be returned to the relatives. In no circumstances should the body be withheld due to non-payment of dues or for any other reason. In such cases, stern action will be taken by the PMC."

Dr Sanjay Patil, National Secretary of the Hospital Board of India, said, “There is a clause in the Nursing Home Act that dead bodies cannot be held hostage for the unpaid bill. All hospitals in the city follow the rules. If such cases happen, it must be due to misunderstandings. Such incidents come to light when a misunderstanding between the hospital administration and the patient’s relative happens."

Medical Dialogues also reported that the West Bengal Clinical Establishment Regulatory Commission (WBCERC) is set to implement new regulations prohibiting the practice of withholding dead bodies until the patients’ families clear dues. 

WBCERC commissioner and retired Calcutta High Court judge Justice Asim Banerjee emphasised that private medical establishments must not delay the release of a deceased person’s body over pending bills. He stressed that bodies should be returned to the next of kin within a fixed timeframe following the patient’s death.

Also read- WBCERC directs Private hospitals not to withhold body over unpaid bills