Right to Health Bill: Why Doctors in Rajasthan are Protesting?

Posted on: Apr 21, 2023 | | Written by:

Right to Health Bill: Why Doctors in Rajasthan are Protesting?

Published on April 20, 2023. EST READ TIME: 3 minutes

Rajasthan recently became the first Indian state to have the Right To Health. It is seen as a significant step towards ensuring the right to health for the people of Rajasthan as the bill seeks to provide universal access to quality healthcare services to all residents of the state and to create a framework for implementing the right to health. It states that no hospital, whether government or private, can deny emergency care and treatment and a patient is not required to pay the treatment cost in advance. However, if you are a resident of Rajasthan, in addition to the bill, a comprehensive health insurance plan or Mediclaim policy can provide added financial protection against the rising cost of quality healthcare. But first, let us understand why this bill has been grabbing headlines and what’s in it for residents of the state.

What is the Right to Health Bill?

Under the Right to Health bill, which was recently passed in the Rajasthan Assembly, every resident of the state has the right to emergency care and treatment without making any advance payment to any hospital in the state. No hospital, government or private, can deny or delay anybody’s emergency treatment. If a patient is unable to pay, the government will reimburse the treatment costs incurred by private hospitals and clinics. Rajasthan is the first state in the country to make this landmark legislation which aims to make healthcare accessible to every resident. Under the law, apart from free emergency care, anybody can avail free of cost doctor consultations, Outpatient Department (OPD) and In-Patient Department (IPD) services, diagnostic tests, and medicines in public healthcare facilities and select private hospitals. A patient is also eligible for free transport, treatment, and insurance in case of an accident at all healthcare facilities.

If there’s any violation of the Right to Health bill, a fine of up to Rs 10,000 will be imposed for a first-time violation and up to Rs 25,000 for repeat violations.

The push for a Law

In 1996, the Supreme Court ruled that the Right to Life (Article 21) includes the Right to Health, and State governments must provide healthcare. Hospitals and dispensaries are examples of public health and sanitation facilities within the States' purview under the Constitution's State List.

The Charter of Patient Rights was created in 2018 by the National Commission on Human Rights (NHRC) and is being adopted by individual states. The government of Rajasthan provides healthcare coverage via various initiatives. The Right to Health Bill was introduced in the Rajasthan Assembly in 2022. A special committee was assigned to review the Bill in question.

This Bill aims to guarantee the Right to Health for every resident of Rajasthan and improve the efficiency with which the Rajasthan Model of Public Health is implemented. A robust state and district health authority are among the goals of the Bill, along with a grievance redressal process.

Why the Law was needed?

The law, according to the government, was needed to make emergency care and treatment available to every resident of the state without prepayment of fees. The other reasons are:

• According to the government, the Right to Health bill was passed due to complaints that some private hospitals were refusing treatment to patients covered under government schemes.

• Every resident can avail of free of cost consultations, diagnostic tests, medicines, OPD and IPD services at all public health facilities and select private hospitals.

• Residents can avail of free transportation, treatment, and insurance coverage against road accidents at all healthcare institutions.

• The law will also form a 24-hour support helpline to address complaints and grievances of residents who have been denied emergency treatment and care.

A Diluted Law

The Bill has several flaws. Some of these are listed below:

• Several organisations of doctors in the state are concerned that the legislation would hurt them, especially those associated with private hospitals. Many healthcare activists argue that the Bill doesn’t consider a practical approach or the opinion of doctors.

• The Bill lacks clarity on government-funded healthcare facilities, like free medication, tests, and ambulance services, regardless of a resident’s location or the number of people living in a particular region. For instance, residents in rural areas sometimes have to travel miles to reach the nearest healthcare provider.

• Private hospitals will be forced to close if the government fails to pay the associated costs.

• The District Health Authority must update the complaints website with a report detailing the steps in response to the submitted feedback. The Bill is ambiguous about who can see the analysis on the website. This might potentially violate the patient’s right to confidentiality in medical situations.

Why are private hospitals opposing Right To Health Bill?

The private hospitals and healthcare providers backed by the Indian Medical Association are opposing the Right to Health bill and have demanded a rollback of the bill due to the reasons mentioned below:

• No clarity on how the government plans to reimburse private hospitals for treating emergency patients.

• No clarity on what 'emergency' means. Private practitioners believe emergency is a relative term, and a person can demand free treatment for a mere headache anytime, terming it as an emergency.

• Fear of exploitation by patients for walking into a hospital or clinic even at midnight demanding free treatment for any minor issues in the name of emergency.

• The government will have more control and interference over private hospitals and clinics.

• Since many government schemes offer free medical services, there was no need for another similar bill.

Conclusion

Amid protests by the Opposition, the ruling party recently passed the Right to Health bill. This led to private practitioners and hospitals taking to the streets demanding the Bill’s rollback. The protest was called off by agitating doctors after the government excluded almost 98% of private hospitals from the ambit of the legislation. No doubt, the Right to Health bill is a landmark legislation; however, having a personal health insurance plan is a must. A Mediclaim policy can be a saviour during medical emergencies.

Disclaimer: The above information is for illustrative purpose only. For more details, please refer to policy wordings and prospectus before concluding the sales.

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