Clinical Establishments : Registration, display of rates, and emergency treatment obligations upheld as constitutional

Kerala High Court Upholds Constitutionality of Kerala Clinical Establishments Act, 2018 Court Confirms Provisions Mandating Registration, Rate Display, and Emergency Care as Constitutional and Public Interest-Oriented

In a significant verdict, the Kerala High Court has upheld the constitutionality of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018. The Division Bench, comprising Mr. Sushrut Arvind Dharmadhikari and Syam Kumar V.M., dismissed the appeals challenging the provisions of the Act, confirming that the regulations align with public health objectives, promote transparency, and protect patients' rights to emergency care under Article 21 of the Indian Constitution.

The Kerala Private Hospitals Association, along with other appellants, had contested provisions of the Act requiring exhaustive details of staff, public display of service rates, and emergency treatment obligations. They argued these were arbitrary and violated fundamental rights under Articles 14 and 19(1)(g) of the Constitution. However, the court found these provisions necessary to ensure transparency, accountability, and public health safety.

The court emphasized that the Act's requirement for clinical establishments to display service and package rates promotes transparency and combats exploitative pricing. The provisions mandating emergency treatment and stabilization, irrespective of payment capabilities, were upheld as critical to safeguarding the right to life.

The judgment also addressed privacy concerns, clarifying that the requirement to furnish staff details is limited to regulatory purposes and includes safeguards for confidentiality. The court noted that the Act's provisions are consistent with global healthcare standards, aligning with international frameworks like the WHO's emergency care guidelines.

In dismissing the appeals, the court highlighted the doctrine of presumption of constitutionality, stating that welfare legislation aimed at improving public health should not be interfered with unless proven unconstitutional. The court issued guidelines to ensure effective implementation of the Act, including the display of service rates and grievance redress mechanisms.

The Kerala High Court's decision reinforces the state's commitment to regulating healthcare establishments to protect patient rights and ensure quality medical care across the state.

Bottom Line:

Kerala Clinical Establishments (Registration and Regulation) Act, 2018 - Provisions mandating registration of clinical establishments, display of rates for services, and emergency treatment obligations upheld as constitutional, not arbitrary, and in public interest.

Statutory provision(s): Kerala Clinical Establishments (Registration and Regulation) Act, 2018 - Sections 16, 39, 47; Article 21 of the Constitution of India

Kerala Private Hospitals Association v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2812877