Question : Overcharging for COVID-19 Treatment

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:
(a) whether the Government has received complaints that many private hospitals, nursing home have been charging above the capped rates from the COVID-19 patients, if so, the details thereof;
(b) whether Government is aware that life saving drugs like Remdisivir were sold at very high price by these hospitals/Nursing Homes, if so, the details thereof;
(c) the total number of hospitals/Nursing Homes that were found guilty of overcharging from COVID-19 patients, State/UT-wise; and
(d) whether any action has been taken/proposed to be taken against such hospitals/nursing homes, if so, the details thereof and if not, the reason therefor?

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(DR. BHARATI PRAVIN PAWAR)
(a) to (d): As per the constitutional provisions, Health is a State subject. It is, therefore, the responsibility of the respective State/Union Territory (UT) Government to take cognizance of complaints against private hospitals and nursing homes charging above the capped rates from the COVID-19 patients, and take action to prevent and control such practices. Such complaints, if received are forwarded to State/UT Governments for taking appropriate action. Details of such complaints and action taken by respective State/UT are not maintained Centrally.
The Government of India has enacted the Clinical Establishments (Registration and Regulation) Act, 2010 and notified Clinical Establishments (Central Government) Rules, 2012, as amended in 2018 and 2020 thereunder for registration and regulation of clinical establishments in the country. The Act also has provisions to prevent and control overcharging by hospitals/Nursing Homes.
In the States/UTs, where the said Act is applicable, among other conditions, the clinical establishments, shall ensure compliance of Standard Treatment Guidelines as may be determined

and issued by the Central or State Government, as the case may be, from time to time and display the rates charged for each type of service provided and facilities available in the local as well as in English language, at a conspicuous place for the benefit of the patients. The Central Government has also approved a standard list of medical procedures and a standard template for costing which has been shared with all States and UTs, where the Act is applicable, for appropriate action by them. The Act further provides for a registering authority in each district, which is empowered to conduct inquiry in case of violation of the provisions of the Act and take necessary action including imposing penalties and cancellation of registration, if applicable.
The implementation and monitoring of the provisions of the Clinical Establishments Act is within the remit of the respective State Government/UT Administration. The Act as on date is applicable in 11 States namely Bihar, Jharkhand, Uttrakhand, Himachal Pradesh, Arunachal Pradesh, Sikkim, Rajasthan, Mizoram, Uttar Pradesh, Assam and Haryana and 6 Union Territories namely Puducherry, Dadra & Nagar Haveli and Daman & Diu, Andaman & Nicobar, Chandigarh, Lakshadweep and Jammu & Kashmir.