 bill no  22 of  2018 the clinical establishments (registration and regulation) amendment bill, 2018 byshri dushyant chautala, mp a billto amend the clinical establishments (registration and regulation) act, 2010be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1  (1) this act may be called the clinical establishments (registration and regulation)amendment act, 201823 of 2010amendment of section 52 in section 5 of the clinical establishments (registration and regulation) act, 2010(hereinafter referred to as the principal act), after clause (e), the following clause shall be inserted, namely:—5"(ea) setup and maintain an online portal for the clinical establishments to update the records and real time data;"amendment of section 123 (1) in section 12 of the principal act, after sub-section (2), the following subsections shall be inserted, namely:—10"(3) the clinical establishments whose annual revenue exceeds rupees fifty lakh shall update the real-time position of occupancy of the beds in their respective premises on the online portal setup by the national council under clause (ea) of section 5(4) the clinical establishments whose annual revenue exceeds rupees fifty lakh shall publish an annual report stating the monthly implementation progress of clause (b) of section 13b"154 after section 13 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 13a and 13b"13a (1) the national council shall, in consultation with state councils, meet quarterly to determine the range of rates for each type of medical procedures and services provided by the clinical establishmentsrate determination for clinical establishment20(2) the rates for each type of medical procedures and services in different geographical locations (like villages, town, and metro) shall be decided considering the economic status of the people and on the basis of the cost of infrastructure, equipments, consumables and skilled human resources(3) the rates under sub-section (2) may be revised as per annual market inflation2513b the district registering authority or any other body authorized by the central government shall visit, call for information and inspect the clinical establishments on a quarterly basis to ensure that—(a) clinical establishments are open to any person without any discrimination on the ground of religion, race, caste, sex, place of birth, language or any of them;registering authority to visit, call for information and inspect the clinical establishments30(b) clinical establishments with an annual revenue exceeding rupees fifty lakh reserve ten per cent of the total number of operational beds for medical examination and treatment free of charge in each department for the poor sections, whose annual income is less than rupees twenty five thousand; and35(c) clinical establishments charge rates of medical procedures and services as determined under sub-section (2) of section 13a" statement of objects  and reasonsarticle 21 of the constitution states that no person shall be deprived of his life or personal liberty except according to procedure established by law however, providing rudimentary healthcare is equivalent to putting the life of an individual in danger just because he is economically incapable to afford decent healthcare it is prerogative of the government to ensure that nobody under any circumstance, whatsoever, shall be deprived of his/her life and provision of good healthcare is one of the prominent ways to achieve thisthe honourable supreme court, in the landmark judgment of consumer education and research vs union of india, 1995 held that the right to health and medical care is a fundamental right and it is the obligation of the state not only to provide emergency medical services but also to ensure the creation of conditions necessary for good healthfurthermore, part iv of the indian constitution, the directive principle of state policy lays down the duties of the state which includes provision of good healthcare article 39(e) states that the health and strength of workers, men, women, and children are not abused article 41 imposes duty on state to public assistance for those who are sick and disable article 42 states that it's a primary responsibility of the state to protect the health of infant and mother by maternity relief article 47 spells out the duty of the state to raise the level of nutrition, the standard of living and public health of its people as its primary responsibilityhowever, it is observed that the government despite taking various initiatives has not been able to provide a comprehensive medical and health facilities which all the citizens are entitled to after the adoption of neo-liberal policy framework from 1990 onwards, corporate hospitals rose at a startling rate thus, it has become difficult for an ordinary family of our country to be able to access good healthcare as per the medical council of india (mci), since independence the number of private medical colleges in india has grown at a startling rate with a pace much greater than that of the government medical collegeswith this sharp rise, these private clinical establishments started building up cartels, thereby charging exuberant prices for medical services there have been plenty of examples in the past, whereby poor families had to go through  grave mental and monetary exploitation by these clinical establishments hence, these private hospitals need to be regulated by a statutory framework to stop the exploitation of the vulnerable sections of the societythe bill, therefore, seeks to amend the clinical establishments (registration and regulation) act, 2010 with view to —(a) determine the range of rates for each type of medical procedures and services provided by the clinical establishments; and(b) reserve ten per cent of the total number of operational beds for medical examination and treatment in clinical establishments for the poor sections of the society hence, this billnew delhi;dushyant chautalanovember  30, 2017 financial memorandumclause 2 of the bill provides that national council shall setup and maintain an online portal for the clinical establishments to update the records and real time data the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring annual expenditure of rupees fifty crore  from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved annexure extract from the clinical establishments (registration and regulation) act, 2010 (act no 23 of 2010)     5 (a)      (b)      functions of national council(c)      (d)      (e)      (f) perform any other function determined by the central government from time to time     condition for registration12 (1) for registration and continuation, every clinical establishment shall fulfil the following conditions, namely:—(i) the minimum standards of facilities and services as may be prescribed;(ii) the minimum requirement of personnel as may be prescribed; (iii) provisions for maintenance of records and reporting as may be prescribed;and(iv) such other conditions as may be prescribed(2) the clinical establishment shall undertake to provide within the staff and facilities available, such medical examination and treatment as may be required to stabilise the emergency medical condition of any individual who comes or is brought to such clinical establishment      lok  sabha———— a billto amend the clinical establishments (registration and regulation) act, 2010————(shri dushyant chautala, mp)gmgipmrnd—3639ls(s3)—23012018