Display services, rates, ambulance info at reception: Kerala High Court issues directions to hospitals

The Kerala Clinical Establishments (Registration and Regulation) Act 2018, provides for registration and regulation of clinical establishments.

Directives

1) Every hospital should provide a brochure or leaflet in Malayalam and English containing information on the services offered, baseline and package rates with inclusion deposit and refund policy.

2) Clinical establishment should prominently display, in Malayalam and English, at the reception or admission desk and on its official website the list of services offered, baseline and package rates for commonly performed procedures, key facility information, including bed categories, availability of ICU/OT, imaging and laboratory facilities, and ambulance/contact details.

3) Every clinical establishment to screen and stabilise emergency patients within its capacity; and ensure safe transfer, with proper documentation and communication, to a higher centre when indicated.

4) No establishment should deny initial life-saving aid on the ground of non-payment of advance or lack of documents.

5) At the time of discharge of a patient from the hospital, the hospital authorities shall ensure that, along with the discharge summary, all investigation reports pertaining to the treatment, such as ECG, X-ray, CT scan, and other test reports, are handed over to enable the patient to maintain proper records.

6) It should also display a summary of patients’ rights, including emergency care, informed consent, confidentiality, non-discrimination, access to medical records within 72 hours, itemised bills, and grievance redressal pathway.

7) The clinical establishment should display the name, phone number, and email ID of the grievance officer, along with contact details of the district registering authority/DMO helpline and other escalation contacts.

8) Hospitals should provide information on insurance/third party administrator (TPA) empanelment and claim procedures, estimate and billing policy, discharge procedures, ambulance and transport charges, 24×7 emergency care protocol and grievance redressal and escalation mechanism.

9) Every clinical establishment should maintain a grievance desk/helpline and register every complaint with a unique reference number, issuing an acknowledgement immediately through SMS, whatsapp, or in physical form.

10) The establishment should resolve all complaints within seven working days. Unresolved or serious matters shall be escalated to the district registering authority/DMO without delay.

11) Each establishment shall maintain a complaint register, in physical or electronic form, available for inspection. A summary of grievances and actions taken shall form part of the monthly compliance reports submitted to the competent authority.

12) All displayed rate lists, brochures, and website information shall be kept current. Any change in services, rates, or grievance contact details shall be promptly updated, with the date of revision clearly indicated.

13) Patients shall be at liberty to pursue remedies for deficiency of service before the competent consumer disputes redressal commission. They can lodge complaints with the local police where appropriate, including cases involving alleged fraud or cheating.

14) Patients can escalate grave or systemic grievances to the chief secretary and the state police chief; and seek assistance from the district or state legal services authorities for advice and facilitation.

15) All mandatory displays, notices, and brochures shall be provided in Malayalam and English, and shall be clear, and accessible at the reception areas and other conspicuous locations within each establishment, as well as on its official website.

Arguments

The Kerala Private Hospitals Association and the Indian Medical Association had challenged the mandatory requirement to furnish exhaustive details of all employees, including doctors and paramedical staff. It had also challenged the obligation to publish the list of fees to be charged for each item of treatment and for “packages.

It was submitted that these provisions and requirements were arbitrary, vague, impractical, and ultra vires the parent legislation, lacking adequate statutory safeguards or definitions.

The counsel for the appellants had argued that the details of doctors and other staff are confidential and form part of the internal administrative framework of the institution.

It was contended that publishing such sensitive information on a public platform could lead to its misuse by competing institutions, which might exploit the data for poaching or other unfair practices.

On the other hand, the state attorney submitted that the single bench had rightly dismissed the writ petition, as the issue involved in this case concerns the public at large.

Non-compliance to attract action

The court has warned that non-compliance with these guidelines shall attract regulatory action under the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, including suspension or cancellation of registration and imposition of penalties, in addition to any civil, criminal, or constitutional remedies available to patients.

“Let this judgment serve not merely as a declaration of law but as a reaffirmation of the right to dignified, ethical, and equitable medical care,” the order said.