Mamata govt passes law to crackdown on medical malpractice, private hospitals wary of loopholes

The West Bengal Clinical Establishment (Registration, Regulation and Transparency) Bill 2017 was passed at the state assembly to rein in the private hospitals who, Chief Minister Mamata Banerjee said, indulged in several malpractices such as inflated billings, mercenary attitude, forcing unnecessary tests and retaining dead body till the bills were cleared.

During her speech, she said that the Bill will end harassment of patients’ families and medical negligence.

The Bill says that private hospitals would not refuse any emergency patient especially a rape or an acid attack victim. Private hospitals and nursing homes would be penalised up to 5 lakh for damages caused to patients and in case of a death owing to medical negligence, at least Rs 10 lakh would be paid to the family of the deceased.

The 25-page Bill also said that the practice of administering several unnecessary tests to hike bill amount should not be done and medical packages would not exceed their package amount unless under special conditions and that too within a certain limit.

Mamata, who also holds the health portfolio, said that a regulatory commission would look into the public complaints and the authority of the commission would not be challenged in any lower court. “Some hospitals take the property deeds, original voters’ card and original Aadhar cards of patients to ensure the amount due,” she said.

She even named hospitals such as Apollo, AMRI and Columbia Asia at the Assembly while referring to erring medical institutions. Hospital authorities have given several reactions.

Arindam Banerjee, general manager, Columbia Asia, talking to DNA said that if the bill was taken in good spirit it was good although there were possibilities that people could misuse it in terms of not clearing the bills. “Now, people might, even if they can afford to, will not pay and would simply say they didn’t have the money,” Banerjee said.

Medical superintendent of Apollo Gleneagles Hospitals told DNA that they abided by the law of the land and would continue to do so with whatever new laws were being formulated.

Administration head of Desun Hospital, Tapas Mukherjee told DNA that they would have to live with it. “There was ‘Notebandi’ one fine day and although there was a lot of criticism people had to accept it. Similarly, we already follow so many rules and now there is this new one which people will have to stick to whether they want it or not. The rules had been there and now I believe they would be stringently applied,” Mukherjee said.

Dr S Kar, Medical Superintendent of Mission of Mercy Hospital said that the bill would make proper documentation a must. “Doctors did whatever they could to save a patient but not every time were those documented. Now they would have no option but to do so in case they are challenged,” he told DNA.

Rupak Barua, CEO of AMRI said that the bill was very encouraging and was much needed. “It would streamline a number of things but would require a proper monitoring because there are loopholes which could easily be used to misuse the law,” he told DNA.

Similar was the view of Dr Udayan Lahiri, CEO, Medica Superspeciality Hospital. “There will be more transparency but there should be a monitoring mechanism to ensure that the bill is not misused,” he said talking to DNA.

In a press statement, R Venkatesh, zonal director (east), Narayana Health welcomed the Bill and said it was a step in the right direction to introduce transparency, trust and accountability into the medi-care system. ‘We hope that the views of the key stakeholders are taken into account while determining the regulations with regard to fixing of rates or charges for treatment. We welcome the fact that the Bill also protects hospital property and medical staff’, the statement read.

  Bill highlights:

 1. A 13-member West Bengal Clinical Establishment Regulatory Commission would be formed

 2. A former High Court judge would head the commission.

3. The regulatory commission can fine hospitals for up to Rs 50 lakh.

 4. Private hospitals which have got land from the government at a subsidised rate would ensure free treatment to 10 per cent of patients.

5. Private Hospitals with over 100 beds would have to have a fair price medicine shop and diagnostic centre

6. Hospitals would not charge more than what had been mentioned as package charges and an estimate of additional costs must be mentioned to patients. Package charges to include bed fee, surgery charges and ICU charges.

 7. Hospitals should have a Public Grievance Cell and there should be a helpdesk to assist patients’ families. The need to have e-prescriptions and should maintain online medical records of patients.

 8. Accident victims, rape victims and acid attack victims to get primary treatment ahead of police intervention.

 9. Hospital to be penalised in case of a medical negligence.

 10. Bodies cannot be held back by hospitals on the pretext that bills have not been cleared.

 11. Hospitals found flouting rules can be fined and their licence can also be revoked.