Maharashtra plans new law to regulate all healthcare facilities

A major feature of the draft law mandates that all registered clinical establishments must provide immediate stabilisation treatment in emergency medical situations. The legislation broadly defines an emergency medical condition as a circumstance where lack of prompt treatment could seriously endanger a person’s health, bodily functions, or organs. 

The bill also proposes a detailed administrative mechanism for enforcement. A State Council for Clinical Establishments, headed by the health minister, will be formed to set standards, supervise implementation, and maintain the state register of healthcare facilities. The council will include senior government officials, representatives of medical, dental, nursing, and pharmacy councils, Indian systems of medicine, paramedical professionals, the Indian Medical Association, and consumer groups, reports Hindustan Times.  

Considering the nature of problems faced by the patients, the draft specifically demands that treatment charges should be disclosed properly, and standards of rates and treatment protocols should also be duly maintained. The draft bill considers all recognised systems of medicine, including ayurveda, yoga and naturopathy, unlike the previous drafts. In order to ensure quality healthcare as prescribed by the National Council for Clinical Establishments, the draft mandates maintaining a minimum standard of facilities and services.

According to public health department officials, the bill is currently with Devendra Fadnavis, who requested to review it prior to submitting it for cabinet approval. “Once he approves it, it will go to the cabinet and then be tabled in the state legislature. Attempts have been made by earlier governments to introduce such a bill, but the powerful lobby of doctors, hospitals, clinics, and laboratories opposed it tooth and nail,” said an official.

The bill will empower the government with the power to issue policy directions, and it has been framed to modernize the healthcare regulatory framework. “The existing Bombay Nursing Homes Registration Act had become outdated and inadequate because it covered only nursing homes and residential healthcare facilities. The law is also intended to curb quackery and ensure that only qualified establishments are allowed to operate,” said an official.

Pointing out that the Clinical Establishment Act was essential to safeguard the public interest, Rajesh Tope, former public health minister, said, “Many states in the country have implemented it, and we had attempted it during our government during 2019-22,” he said. “There are certain provisions like displaying the fees for a treatment, which doctors and their associations are opposing. The state government should take them into confidence and arrive at a consensus to push through the law.”

Dr Avinash Bhondwe, past president of the Indian Medical Association, told Hindustan Times, “The act is nothing but the backdoor entry of Inspector Raj. It has many impractical provisions, such as displaying a rate card and employing more staff. This has been attempted at least four times since 2004. We had opposed it tooth and nail then, and we will do it again.”