With majority of States yet to adopt the Clinical Establishments Bill that check unethical practices in the private health sector driven by profit motive, the Union Health Ministry is now considering a 'Charter of Patients’ Rights' framed by the National Human Rights Commission (NHRC), to ensure better health services.
If implemented, though it will not be easy for the Ministry in view of the strong private health sector lobby, the charter is expected to help protect the health rights of the patients. Due to the dismal health infrastructure in the government hospitals, presently, the private sector accounts for 80% of out-patient care and 60% of in-patient care in the country.
The 17-point Charter which is based on the assumption that 'patient's rights are human rights,' protects various rights of the patients and if any of the rights mentioned in the draft are violated, the NHRC can issue notice to the hospital or the medical professional involved.
The Ministry is now seeking public comments on the draft Charter uploaded on its website.
As per the document, patients will have the right to decide on the type of medical facilities and medicines they want to opt; hospitals will not deny the dead body of a patient for any reason and the hospitals will have to take consent from the patients before digitisation of his/her health records.
The draft Charter also dwells on patients' rights to information about their illness, possible complications , proposed diagnostic tests as well as likely additional costs because of changes in the course of the illness. Patients also have the right to emergency medical care irrespective of their paying capacity.
Along with promoting their rights, the document has also asked the patients and caretakers to follow their responsibilities so that hospitals and doctors can perform their work satisfactorily.
Making it clear that 'patient's rights are human rights, the document says, "this Charter of Patient's Rights adopted by the NHRC draws upon all relevant provisions, inspired by international charters and guided by national level provisions, with the objective of consolidating these into a single document, thereby making them publicly known in a coherent manner." It further notes that the document will act as a guidance document for the Union Government and State Governments to formulate concrete mechanisms so that Patient's Rights are given adequate protection and operational mechanisms are set up to make these rights functional and enforceable by law.
It said that the Charter was needed at the present juncture because India does not have a dedicated regulator like other countries and the existing regulations in the interest of patients. "…Some States have adopted the national Clinical Establishments Act 2010, certain other States have enacted their own State level legislations like the Nursing Homes Act to regulate hospitals, while a few other States are in the process of adopting / developing such regulation."
Presently, just 11 States have adopted the Clinical Establishments Bill while others are yet to do so in view of stiff opposition from the private sector.