Unnecessary prescription for scanning; Exploitation in the health sector

The healthcare sector exploits people's naivety the most. There is no other sector that exploits human vulnerabilities to the maximum, and moreover, the sector is now a money minting machine. The number of private hospitals in Kerala using state-of-the-art treatment systems, even for unnecessary treatments and imposing heavy bills, is on the rise.

Scanning is the most misused medical device in modern times. Even in cases not necessary, most doctors can’t help but prescribe scanning. The patient has to spend a fairly large amount of money on scanning at once. It is an open secret that more than half of that amount is returned to the doctors as black money. Thus, today's healthcare sector prioritises other sources of income over patient treatment. It is against this backdrop that the state government brought the Kerala Clinical Establishments Act in 2018 to regulate the healthcare sector and uphold public health interests. This law has now been approved by the High Court Division Bench.

Although the High Court had already approved the single bench law, the association and owners of private hospitals approached the division bench with a petition. Dismissing their petition, the guidelines issued by the division bench comprising Justice V.M. Shyamkumar and Justice Sushrut Aravind Dharmadhikari will likely end many of the unhealthy trends plaguing the sector.

The most important guideline points that life-saving treatment should not be denied for non-payment of advance money. Violation of this can even lead to the cancellation of the registration of the hospital. In addition, fines can be imposed, and civil and criminal cases can be filed. The court has also directed that the treatment rates for each disease be published. Information such as what services are provided, how much the basic treatment costs for each disease, and what facilities are available should be provided.

Private hospitals will now have to follow the instructions, such as handing over all treatment-related documents at the time of discharge. Updating changes in treatment rates accurately. The law makes these the responsibility of the hospitals. The High Court pointed out that these provisions are constitutional and there is no reason to interfere. Since this order of the High Court is an obstacle for private hospitals, it is natural that they may soon approach the Supreme Court and try to delay the implementation of the law. Unfortunately, even laws passed by the government take years to implement due to such roadblocks.

The government should now give priority to taking urgent steps to make the people aware of the High Court's instructions and the provisions of the law.