Introduction:

The Supreme Court recently delved into the issue of fixing uniform rates for medical services provided by private hospitals and doctors, raising questions about the feasibility and legality of such regulations. The Court considered petitions challenging provisions of the Clinical Establishments Act, 2010, and the Clinical Establishment (Central Government) Rules, 2012, which mandate hospitals to display rates for services within a determined range.

Arguments:

Petitions, including one by the All India Ophthalmological Society, challenged government regulations enforcing uniform rates for medical procedures nationwide. Senior Advocate Dushyant Dave raised concerns about Rule 9, arguing that the Act did not confer such authority to the rules. The debate centered on the practicality of enforcing uniform fees for medical services, with Justice Gavai questioning the feasibility and emphasizing the role of market forces in determining prices.

Court’s Judgement:

After hearing submissions, the Court scheduled further directions for September 10th, acknowledging the complexity of the matter. This discussion follows a previous inquiry by another bench regarding the absence of specified rate ranges for medical services by the Union Government, underscoring the ongoing legal scrutiny surrounding medical service regulations.