Maharashtra Bill does not regulate private hospital treatment rates, says health right group

Maharashtra Clinical Establishments (Registration and Regulation) Bill (CEB) has no provision to regulate treatment rates charged by private hospitals to patients, highlighted Jan Arogya Abhiyan (JAA), a coalition of NGOs and health professionals, on Friday while launching a statewide campaign appealing public to send objections to Joint Legislative Committee (JLC).

JLC is a committee comprising 21 MLAs, who have been reviewing the objections and suggestions on the Bill. The campaign also includes meetings with all 21 MLAs who are members of the JLC, demanding Health Minister convene a statewide consultation with organisations and networks working in the health sector to discuss the Bill.

JAA pointed out that the Bill must include fixed treatment charges for common procedures, different categories of beds, investigations, ICU services and doctors’ consultations; hospitals violating these rates should face penalties, a refund provision, a mandatory estimated bill by hospital detailing the treatment cost to be given to the patient, and the prescribed limit should not exceed estimated limit more than 5–10%. 

The other suggested provision includes, ban withholding of patients or dead bodies over payment issues, establish accessible grievance-redressal system, establish an independent, well staffed regulatory authority, and ensure participation of all stakeholders in the State Council. 

CEB was introduced in state Assembly on July 3, advocating compulsory registration of hospitals, clinics, and diagnostic centres transparency in treatment prices, and no deposit mandate for emergency cases. The new bill replaces the 77-years-old Maharashtra Nursing Homes Registration Act, 1949. 

According to Arogya Abhiyan representatives, the analysis of hospital data from five major private hospitals in Mumbai, Pune and Nagpur shows that the average treatment charges faced by patients in these hospitals range from ₹24,000 to ₹62,000 per day. “This means just one day’s treatment in a large private hospital can cost as much as the average monthly per-capita income of a person in state,” said Abhay Shukla, the public health expert. 

The latest NSS 80th Round data for Maharashtra shows as many as 77% of all hospitalisations in Maharashtra take place in private hospitals, highest among all states in India, average out-of-pocket expenditure on hospitalisation is ₹40,500, and on average rural hospitalisation costs have increased by 87%. 40 lakh people in Maharashtra are estimated to be pushed into poverty because of healthcare expenses.

Jan Arogya Abhiyan appealed to the Joint Legislative Committee to substantially strengthen this Bill in public interest as Section 11-Q of the Maharashtra Nursing Home Registration Act Rules, 2021 states that treatments rates should not exceed rates determined by the government.