Tuesday, December 3, 2019

HCFI Round Table Suggestions for Amendments in Delhi Health Bill.

Date: 02.12.2019


Shri Satyendar Jain
Department of Health and Family Welfare, Delhi Government
9th Level, A Wing, IP Extension, Delhi Secretariat, Delhi - 110002

Subject: HCFI Round Table Suggestions for Amendments in Delhi Health Bill.

Dear Sir,
Heart Care Foundation of India Round Table on Health and Wellness: Building Consensus on 21st November, 2019 passed the following suggestions for amendments in draft Delhi Health Bill:

Section 2: Definitions
c) “clinical establishment” means-
(i) a hospital, maternity home, nursing home, clinic, sanatorium, wellness clinic, fertility and invitro fertilization centres, hospice, de-addiction centre, medical day care centre treatment including laser or an institution by whatever name called that offers services, facilities requiring prevention, diagnosis, treatment, or care for illness, injury, deformity, abnormality, dental care or pregnancy in any recognized system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or…..

The term “hospice” needs to be defined in the bill.

Section 2: Definitions
s) "to stabilize (with its grammatical variations and cognate expressions)" means, with respect to an emergency medical condition specified in clause (g), to provide such first aid medical treatment, within the staff, facilities and medical expertise available herein, as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to occur during the stay of an individual in that clinical establishment;
The latter part of the provision i.e. “to assure, within reasonable medical probability, that no material deterioration of the condition is likely to occur during the stay of an individual in that clinical establishment;” be deleted as the same will give rise to numerous multiple litigations against all clinical establishments and doctors in the State.
Section 3(2): Establishment of the Council:
The State Council shall consist of-

(n) President from the below mentioned Associations on a rotational basis for a period of 1 year;
(i) State Indian Medical Association
(ii) State Association of AYUSH
(iii) State Dental Association
The words “on rotational basis” to be deleted. Presidents of all these associations should be made part of Council every year.
Section 4: Functions of State Council

e) conduct medical, clinical and social inspection and audits of the clinical establishments and take necessary action as prescribed;
The words “clinical and social” needs to be omitted as the term “medical” includes everything.
Section 9: Authority for registrations

d. One representative, nominated by the State Government, from a registered professional medical association working in the State of the concerned recognized system of medicine being practiced in the clinical establishment seeking registration for a period of three years;
There should be one representative each from DMA/Dental association/ state Ayush association/Lab & Diagnostic  association

Section 11: Registration for clinical establishment

(4). Any clinical establishments proposed to be established after the notification of the minimum standards before commencing its functioning shall acquire permanent registration.
Where a clinical establishment is offering services in more than one system of medicine, such clinical
establishment shall apply for separate provisional or permanent registration for each services of the concerned system of medicine under this Act:
Registration certification should mention scope of services of the registered establishment

Section 12: Condition for registration and continuation
12. For registration and continuation, every clinical
establishment shall fulfil the following conditions, namely:

(k) shall declare commission or incentives taken or given for patient referral to any individual or institution for any purpose within 24 hrs. of such payment in any form along with reports as may be prescribed

This point needs to be deleted.
Section 14: Application for permanent registration

(2) The authority may not conduct any inquiry prior to the grant of permanent registration

Provided the authority has reasons to believe that the information being provided is false or incorrect may inspect or cause to be inspected the clinical establishments before grant of permanent registration
Provided that all new clinical establishments which apply after the notification of minimum standards would be inspected before grant of permanent registration
The inspection needs to be done by the third party.
Section 14: Application for permanent registration

(3) After the clinical establishments submits the application along with the required evidence of having complied with the prescribed minimum standards, the authority shall cause to be displayed of information in the Delhi Government clinical establishment website for a period of thirty days for filing objections, supported with substantive proof, if any, before processing for grant of permanent registration in such manner, as may be prescribed.
The information which will be displayed need to be displayed in a confidential manner.

Section 24: Inspection of registered clinical establishment
(1) The registration authority shall have the right to cause an inspection of, or inquiry in respect of any clinical establishment, to be made by such multimember inspection or assessment team as prescribed as it may direct and to cause an inquiry to be made in respect of any other matter connected with the clinical establishment and that establishment shall be entitled to be represented there at with due notice.
The inspection to be done by the third party.
Section 32:
Any medical practitioner who knowingly serves in a clinical establishment which is not duly registered under this Act shall be liable to a monetary penalty which may extend to twenty-five thousand rupees
The nurses, paramedical staff, healthcare professionals should also be included.

Kindly consider the above-mentioned suggestions of HCFI Round Table and inform the undersigned any decision taken.

Thanking You,
Yours truly,
Dr KK Aggarwal
Recipient of four National Awards (Padma Shri, Vishwa Hindi Samman, Dr B C Roy National Award and National Science Communication Award)
President Heart Care Foundation of India
President – Confederation of Medical Associations of Asia and Oceania

Ira Gupta, Advocate

About HCFI Round Table on Health and Wellness: Building Consensus
The mission of this Round Table is to build consensus on issues of National; importance.

Following are the members of HCFI Round Table:
Dr. KK Aggarwal
President of Heart Care Foundation of India
Ms. Meenakshi Datta Ghosh
IAS, Former Special Secretary Ministry of Health, GOI
Mr. Bejon Kumar Misra
Consumer Activist
Mr. Anil Khaitan
Former President PHD
Dr N V Kamat
Former DGHS Delhi
Dr KK Kalra
Dr A C Dhariwal
Former Director NCDC
Mr. Amod Kanth
Retired IPS
Dr N K Ganguly
Former ICMR Chief
Dr Narottam Puri
Head of Department, Medical Advisor & Eminent Consultant Fortis Hospital.
Mr Nikhil Rohatgi, Advocate
Supreme Court Lawyer
Dr Ganesh Mani
President IMA New Delhi Branch
Mr R C Juneja
CMD Mankind Pharmaceuticals
Mr Rakesh Mehta
Former Chief Secretary
Mr. Rajiv Nath
President AIMED
Mrs. Balbir Verma
Former Principle Director General Income Tax
Mr. P Sharma
Former Deputy Director DCGI
Dr. Girdhar Gyani
Mr. B R Sikri
Vice President of Bulk Drug Manufacturers Association
Mr. Prafulla D Sheth
Former Vice President of Indian Pharmaceutical Association
Mr R K Srivastava
Former DGHS
Ms. Ira Gupta, Advocate
Legal Advisor HCFI
Mr. Saurabh Aggarwal
Strategic Director HCFI

Dr KK Aggarwal
Padma Shri Awardee
President Confederation of Medical Associations in Asia and Oceania (CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA

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