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How Can Govt Fix Uniform Rates For Doctors? What If Govt Fixes Uniform Fees For Lawyers? Supreme Court Asks
Gyanvi Khanna
29 April 2024 7:36 PM IST
The Supreme Court on Monday (April 29) asked how could the Government fix a uniform rate for the medical services provided by private hospitals and doctors.The Court was considering petitions that raised issues regarding the provisions of the Clinical Establishments Act, 2010, and the Clinical Establishment (Central Government) Rules, 2012.Rule 9 mandates that hospitals and...
The Supreme Court on Monday (April 29) asked how could the Government fix a uniform rate for the medical services provided by private hospitals and doctors.
The Court was considering petitions that raised issues regarding the provisions of the Clinical Establishments Act, 2010, and the Clinical Establishment (Central Government) Rules, 2012.
Rule 9 mandates that hospitals and clinical establishments display rates for services provided and charge fees within the range determined by the Centre in consultation with state governments.
In one petition, filed by the All India Ophthalmological Society, there was a challenge against government regulations that mandated uniform rates for ophthalmological procedures nationwide. Pertinently, a similar petition seeking the enforcement of Rule 9 was also taken up along with these petitions.
At the outset of the hearing, Justice Gavai asked, “Can there be a uniform fee for all the procedures? Tomorrow, if government fixes a uniform fees for all the lawyers in this room?” Following this, he stated that it all depends on the market forces. “Particular doctor may charge 10,000, others, may charge 5000.,” he explained.
During the hearing, Senior Advocate Dushyant Dave expressed his concerns about Rule 9. He submitted:
“I must say that I have read every word of the Act. The Act does not give this authority at all to the rules. Not one word. The regulations of the State….also does not recommend this….Rule 9 is completely out of hand.”
After hearing the submissions, the Court posted the matters for directions on September 10th.
It may be noted that earlier, this petition was listed before Justices Sudhanshu Dhulia and Prasanna Bhalachandra Varale. That Bench had asked the Union why the range of rates for medical services was not specified by the Union Government in terms of Rule 9.
However, noting that a similar matter is pending before Justice Gavai's led Bench, it was opined that this matter may also be listed here.
Case Title: ALL INDIA OPHTHALMOLOGICAL SOCIETY vs. UNION OF INDIA., Diary No.- 15181 - 2024
