High court junks plea against provisions of Kerala Clinical Establishments Act
Kochi: High court on Monday dismissed the petitions filed by the Kerala Private Hospital Association and others challenging the constitutional validity of certain provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 — particularly the mandate to display the fee structure and package rates for the services and facilities offered by hospitals.
Justice Harisankar V Menon dismissed the petitions while granting liberty to the petitioners to approach the state govt, citing the practical difficulties faced by them. The Court further observed that it is for the govt to consider such practical difficulties and adopt remedial measures as it deems fit, taking into account the interests of both clinical establishments and the beneficiaries of the statute.
The petitioners raised several contentions against the Act, including that it confers unbridled powers on the Authority under the statute to suspend or cancel the registration of clinical establishments in cases of 'imminent danger to public health'—without defining what constitutes imminent danger.
They also apprehended that minor negligence in one speciality wing could result in suspension or cancellation of the registration of the entire hospital.
Another contention was against Section 19(11) of the Act, which mandates that the results of inspections be made available to the public, arguing that this could lead to unforeseen consequences.
On the other hand, the state govt contended that the Act seeks to promote ethical standards in clinical practice by introducing a regulatory framework aimed at ensuring transparency.
by Taboola
by Taboola
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The primary objective of the statute, the govt submitted, is to safeguard public health and patient safety.
Upon examining the facts of the case, the Court held that utmost care had been taken while conferring powers for cancellation of registration on the Authority. It also acknowledged that the petitioners had raised valid concerns regarding practical difficulties. However, the Court concluded that mere allegations of arbitrariness are not sufficient grounds to declare a statute unconstitutional. Accordingly, the Bench dismissed the petitions.
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