Indigent patients have a right to treatment
Presently we are not satisfied. The scenario is pathetic. People are suffering for want of shelter, there is sickness and there are no funds to treat poor patients. We are a welfare state. The court is there to help. We can direct the government to take some action. All those aspects that can be beneficial could be implemented over a period of time,” observed Bombay High Court as it passed directives in a PIL on the issue of private hospitals giving treatment to indigents and poor patients.
The court had earlier passed directions to 319 hospitals (out of which 70 including 5-6 five star hospitals are in Mumbai) covered under section 41 A-A of Bombay Public Trust Act, 1950 to strictly observe rules regarding treatment to poor and indigent patients.
These hospitals avail various concessions such as exemptions in income tax, octroi within BMC limits, concessions in electricity bills, priority in purchasing land or getting land on leases on concession. According to rules, the hospitals have to reserve 10 per cent quota of cots for poor. However, since there has been tardiness in implementing the orders, court had now passed a direction which will be implemented immediately and reviewed over a period of one year.
The court yesterday observed that after considering recommendations of the committee of Joint Charity Commissioner, Assistant Charity Commissioner and one member of the association of Hospitals suggested by them for Mumbai, formed according to an earlier court order, following steps will be taken by all 319 hospitals for effective implementation of section 41-AA of the act;
Two per cent of funds will be set aside as ‘Indigent and Poor Patient Account Fund’ (IPPF account).
The funds thus collected will be spent to provide treatment to patients of indigent and weaker sections of society. They will get all medicines at the lowest rates and also get other facilities such as beds, housekeeping, diagnosis and such other services free.
The IPPF account should be adjusted by setting of and carrying forward funds. If there is a shortfall it must be set off. If excess, it could be carry forward.
If there is any irregularity, hospitals can bring that to the notice of the monitoring committee.
Charitable hospitals should collect and furnish information about the indigent and poor patients in prescribed forms and the Medical Social Worker (MSW) should verify all information that can be called for by the charity commissioner and monitoring committee. Quarterly statements should be given on Jan 1, April 1, July 1, and Oct 1 every year.
Trustees of charitable hospitals should not provide facilities to their employees and dependants and relatives of trustees in the category of indigent and weaker section patients.
The patients could be referred by any municipality or government hospital. Admission of the patient shall be permitted and subsequently documentation could be completed.
Economic status of the patient seeking bed under 10 per cent reservation can be checked by MSW on the basis of certification of tehsildar, ration card and such other documents
In Mumbai, Joint Charity Commissioner will be the Chairman, Joint Director Health Secretariat will be Secretary and any member of Association of Hospitals will be member of the Monitoring Committee. In districts the Joint Charity Commissioner’s representative, Health officer of Zilla Parishad and a member of charitable hospitals in the district, will be forming the committee.
The committees will be open for objections and suggestions in order to carry out the obligations.
The charity commissioner should make notification of the directions of the court and the same should be published in one vernacular and one English daily.
Hospitals should put up notice boards about the facilities available for the poor and indigent patients at conspicuous places and should also give wide publicity to these facilities available.
The court will review the implementation after a year.