Question : Regulatory Norms for Health Services

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a) whether the Government has issued direction to States to take strict action against private health service providers functioning without registration or without completing regulatory requirements, if so, the details thereof;

(b) whether many online platforms are providing health services without any registration, if so, the necessary steps taken in this regard;

(c) whether the High Court of Delhi has asked to take strict action against such platforms; and

(d) if so, further action taken or being taken by the Government in this regard?

(a) to (d) Government of India enacted the Clinical Establishment (Regulation and Registration) Act 2010, for regulation of Clinical Establishments in both Government and Private Sector, except those run by Armed Forces. Health being a State subject, implementation of the provisions of the Act lies with the State/Union Territory (UT) Governments that have adopted the Act. Further, advisories are issued from time to time to States/UTs for compliance of the provisions under the Act.

Recently, in a Civil Writ Petition, the Hon’ble High Court of Delhi directed “concerned authorities” to initiate action against any illegal online health service aggregators operating in Delhi, in violation of the ‘applicable laws’, including the Clinical Establishments (Registration and Regulations) Act, 2010 (CE Act, 2010), ‘if applicable’. In compliance of these directions, Ministry of Health and Family Welfare, Government of India, issued letter dated 19/01/2021 to all States/UTs, wherein they have been asked to inter-alia regulate such online health service aggregators and the related service providers, if operational, in the respective State/UT as per the applicable laws.