New Delhi: The Supreme Court on Monday sought a response from the Centre on a plea raising the issue of the determination of fees chargeable from the patients in the hospitals. A bench comprising Justices B R Gavai and Sandeep Mehta orally remarked, how can there be fixed fees?
The bench said that it all depends upon the market forces and a particular doctor may charge Rs 10,000, others may charge Rs 1,000. The apex court said it will issue notice in the matter and it will be heard along with another pending petition, seeking a direction to the Centre to determine the rate of fee chargeable from the patients in terms of Rule 9 of the 2012 Rules. The bench has scheduled the matter for further hearing on September 10.
The apex court was hearing a plea which said that Rule 9 of the Clinical Establishments (Central government) Rules 2012, which deals with other conditions for registration and continuation of clinical establishments, should not be implemented. Rule 9 provides that among others, every clinical establishment shall charge the rates for each type of procedure and service within the range of rates determined and issued by the central government from time to time in consultation with the state governments.
The apex court, in February this year, had noted that the petitioner’s counsel had argued that the Centre itself had notified the rates which were applicable to the CGHS empanelled hospitals and till a solution was found, the government could always notify the said rates as an interim measure.
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