SC agrees to hear plea against Kerala HC verdict that issued guidelines for clinical establishments

Mr. Jindal
3 Min Read

The Supreme Court on Tuesday agreed to hear a petition challenging a Kerala High Court verdict that issued a slew of guidelines, including asking clinical establishments to prominently display a list of the services offered and package rates.

A Division Bench of the High Court had delivered the verdict on November 26 while dismissing appeals against an order of a single judge Bench that rejected a plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.

The plea filed in the apex court by the Kerala Private Hospitals Association and Hussain Koya Thangal came up for hearing on Tuesday before a Bench of Justice Vikram Nath and Justice Sandeep Mehta.

The Bench issued a notice to the Kerala government and others, seeking their responses to the petition, and posted it for hearing on February 3. It also directed authorities not to take any coercive steps against the members of the association till the next date of hearing.

Allowing the petitioners to implead the Centre as a party in the matter, the Bench asked Solicitor General Tushar Mehta to assist it.

It said the members of the association would continue getting themselves registered under Section 19 of the Act.

Issuing a slew of guidelines, the High Court had said each clinical establishment shall prominently display, in Malayalam as well as in English, at the reception or admission desk and on its official website a list of the services offered and the baseline and package rates for commonly performed procedures, with a note that unforeseen complications or additional procedures shall be itemised.

Besides other guidelines, it had said every clinical establishment shall maintain a grievance desk or helpline and register every complaint with a unique reference number, issuing an acknowledgement immediately through text messages, WhatsApp or in the physical form.

It had said non-compliance with these guidelines shall attract regulatory action under the Act, including suspension or cancellation of registration and imposition of penalties, in addition to any civil, criminal or constitutional remedies available to patients.

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