 bill no 260 of  2017 the private healthcare sector (regulation of fees) bill, 2017 by shrimati darshana vikram jardosh , mp a billto regulate the fee charged for private healthcare services with a view to making them affordable for the common man and for matters connected therewith or incidental theretobe  it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (i) this act may be called the private healthcare sector (regulation of fees) act,2017short title, extent and commencement(ii) it extends to the whole of india5(iii) it shall come into force such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "committee" means the special high power committee constituted under section 3;5(b) "diagnostic laboratory" means a place owned or run by an industrial or a group of persons or by private or corporate hospital where pathological tests or investigations are conducted;(c) "medical consultancy and other allied services" includes,—(i) consultancy by qualified medical practitioners concerning all aspectsof medical treatment/surgery whether in private clinics/hospitals or in the corporate hospitals;10(ii) all such pathological tests as are prescribed by the qualified doctorswhether in a private clinic or in a private and/or corporate hospital; and(iii) all such scanning or imaging services, namely, x-ray, ultra sound,mri, ct scan or any other new health treatment method employed in future whether in a private clinic or in a private/corporate hospital;15(d) "medical practitioner" means a person duly qualified and registered by themedical council of india and engaged in the business of consultancy and providing medical treatment to patients whether as a private practitioner or in a private or corporate hospital; and20(e) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a committee to be known as the special high power committee to determine the fee charged by a private medical practitioner and private/corporate hospitals for providing medical treatment including charges levied for pathological tests, scanning and imaging25(2) the committee shall consist of—(i) the minister of health and family—chairperson,welfare government of india,ex-officio;constitution of the high power committee for regularization of charges by private healthcare services| (ii) chairperson of the department—         | -   | member;    ||---------------------------------------------|-----|------------|| related parliament standing                 |     |            || committee on health and family welfare,     |     |            || 30                                          |     |            || (                                           |     |            || iii                                         |     |            || ) five representatives of private           | -   | members;   || hospitals, laboratory including             |     |            || government run hospitals/laboratory,        |     |            || 35                                          |     |            || (                                           |     |            || iv                                          |     |            || ) two representatives of                    | -   | members;   || non-governmental organisation in the health |     |            || sector,                                     |     |            || (                                           |     |            || v                                           |     |            || ) five representatives of medical           | -   | members;   || practitioners,                              |     |            || 40                                          |     |            || (                                           |     |            || vi                                          |     |            || ) one representative from each              | -   | members;   || national political party,                   |     |            || (                                           |     |            || vii                                         |     |            || ) the secretary to the government of        | -   | secretary, || india, ministry of health and family        |     |            || ex-officio;                                 |     |            || welfare                                    |     |            || 45                                          |     |            |(3) the members referred to in clauses (iii), (iv) and (v) shall be appointed by the central government in such manner as may be prescribed(4) the members referred to in clause (vi) shall be appointed by the central government on the recommendation of the respective political party4 the central government shall provide the committee such financial and other assistance as may be necessary for the efficient functioning of the committeecentral government to provide assistance to the committee5  the committee shall,—functions of the committee5(i) fix the fee to be charged by the medical practitioners from patients or anyother person/corporate paying on behalf of patient or health insurance providers either in their private clinics or in a private hospital/corporate hospital after taking into consideration such factors as may be necessary; and10(ii) fix the charges for the pathological tests and scanning/x-ray, after takinginto consideration the infrastructural and service inputs used in carrying out the tests6 (1) no medical practitioner, private or corporate hospital shall charge from anypatient the fee exceeding the fee fixed by the committeemandatory display of consultancy and other fees(2) it shall be mandatory for every medical practitioner/private or corporate hospitalor diagnostic laboratory to display the fee as determined by the committee in such manner as may be prescribed15penalty7 (1) whoever contravenes the provisions of this act shall be punished withimprisonment for a term which shall not be less than five years and with fine which may extend up to rupees fifty lakh20(2) where an offence under this act has been committed by a medical practioner/hospital/laboratory, the licence of such medical practioner/hospital/laboratory shall be cancelled forthwithpower to make rules8 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act2530(2) every rule made under this act shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement  of  objects  and  reasonswhile it is not practically feasible for the government to provide medical treatment facilities to each and every citizen of the country, every day there are cases coming to light when private hospitals and private medical practitioners charge undue fees from patients for treatment costs and other allied services like pathological tests, etc even, the insurance regulatory development authority (irda) has also voiced its concerns about higher charges levied by private/corporate hospitals, which is one of the major obstacles in expansion of health insurance sector in india and for development of medical tourism in our country the regulation of fee in private medical sector would be a right step in the direction of providing affordable and equitable healthcare services to all citizensit is, therefore, proposed to constitute a special high power committee to fix the medical and pathological and other test charges levied by medical practitioner, private hospital, corporate hospitals and clinicshence this billnew delhi;darshana vikram jardoshmarch 30, 2017 financial memorandumclause 3 of the bill provides for constitution of a special high power committee to regulate the fees charged by medical practitioner, private or corporate hospitals and clinics clause 4 provides that the central government shall provide financial assistance to the committee for its efficient functioning the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crores per annum would be involved from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum  regarding  delegated  legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto regulate the fee charged for private healthcare services with a view to making them affordable for the common man and for matters connected therewith or incidental thereto————(shrimati darshana vikram jardosh, mp)gmgipmrnd—438ls(s3)—20-12-2017