Clinical Establishments Rules, 2012 ensure quality, accountability of healthcare services: Government to Supreme Court

The Union Health Ministry has defended the 2012 Central Rules that govern clinical establishments, arguing that they are constitutional and serve to ensure quality, accountability, and affordability of healthcare services. The rules stipulate that clinical establishments must charge for their procedures and services within a range determined by the central government, in consultation with state governments.

This is in line with Article 47 of the Constitution, which mandates the improvement of public health. The government asserts that the rules aim to prevent prices from being either too high for the common man or too low, providing no incentive for improvement. The Clinical Establishments (Registration and Regulation) Act, 2010, and the 2012 Rules work together to establish minimum standards and ensure transparency and accountability in healthcare delivery.

The government emphasizes that the rules are designed to promote public interest and strengthen the healthcare system, and that the ability to adjust charges based on factors like infrastructure and service quality is essential for a balanced and equitable healthcare system. The Ministry notes that while the rules do not set uniform prices, they allow for flexibility in pricing to accommodate various contextual factors.

The rules are applicable in states and union territories that have adopted the Act, with 19 such entities currently recognizing the legislation.