Investment in all other business ventures and industry is solicited by all countries as also by all states in India with attractive incentives and tax benefits being given to those who agree to invest. Prime Ministers and other Heads of states fall head over heels in appeasing and trying to attract those with investment potential. Healthcare however is unique in the sense that you are penalized for having invested in infrastructure and human resource related to healthcare in India. The ease of doing business may be the buzzword in Information Technology, Pharma, real estate, infrastructure development but Government seems to incentivize its officers for the difficulties they place in path of those who were foolish enough to invest in healthcare infrastructure , human resource and business.

When license Raj has been nearly abolished in nearly all other fields , laws which had even been forgotten by the Government that they ever existed are now being dusted and re imposed even when their relevance and benefit is questionable. Criminal charges have been framed in 2017 against nursing homes in Chandigarh which were in existence since 20 years under Air Act (1981) and Water Act (1974). That these very nursing homes were inspected by various authorities and given permission to convert from residential plot to a nursing home site 10 years ago is a moot point. In Haryana there has been an order that nursing homes with even 1 bed have to install a Sewage Treatment Plant / Effluent Treatment Plant under the biomedical waste management rules. In Saharanpur a paediatrician’s nursing home was sealed for 2 months because of lapse in renewal of agreement and permission to operate from Pollution Control Committee. Clinical Establishment Act could have been better and more appropriately rechristened as “Clinical Establishment Elimination Act”.

What magical will happen to the polluted environment of India if a nursing home with single bed will install a STP costing about 6-7 lacs ? Except for the authority getting his cut or share from the manufacturer of the STP the benefit to the environment would be negligible if at all. Never touched will be the major pollutants from industries whose owners would have been given unsecured 10000 crore loans to siphon off and who would have been taken on foreign jaunts as part of “trade delegation” with the Prime Minister or may be rewarded with a Rajya Sabha seat. In India officials take a perverse pleasure in squeezing the weak / inept and prostrate themselves before the high and mighty

The brilliance of the Indian Governance is however best demonstrated in the Delhi Government DHS order F.No. E. 4125/ 10665 -10681 dated 15-02-2018. As per this All Road Accident victims will be treated by any nursing home or hospital registered under Delhi Nursing Home Registration Act on cashless basis without any document to prove eligibility except that the accident occurred within Delhi. In case, it is found that a nursing home/ private hospital has refused to treat/ stabilize a medico-legal victim of road accident or has not provided cashless treatment to such victims, a Notice to Show Cause shall be issued under section 7 read with section I (ii) of Delhi Nursing Homes Registration Act, 1953 as to why the registration of the concerned nursing home/ private hospital registration should not be cancelled.

In case the nursing home transfers the patient to another facility reason for such referral / transfer has to be informed to the supervising authority and if reason is not found satisfactory registration may be cancelled of the hospital. At time of discharge hospital shall provide patient discharge summary and Bill showing 100% discount. If such patient is discriminated against in any way as regards treatment or facility provided to such a patient action would be taken as deemed fit. Nursing Homes / Private Hospitals interested in seeking reimbursement for such treatment are required to enter into an agreement with Delhi Arogya Kosh and payment shall be made on previously finalized rate. (Others it seems can provide such treatment and forget). Why should anyone in his right mind invest crores to provide free services, risk being sued for crores by the same patient treated free of cost and if reimbursed at all it would be at a rate fixed by Government. There are umpteen other options for investment both of time and money which are more remunerative and less taxing.

I understand Government does not have funds to build hospitals and provide equipment in those hospitals or hire adequate staff to provide necessary emergency services to the citizens of the country which it is duty bound to provide. Paschim Bengal Khet Mazdoor Samiti vs State of West Bengal judgment of Honourable Supreme Court mandates that it is the responsibility of the state to provide emergency services and lack of funds cannot be an excuse. How will closure of hospitals set up by private enterprise help the Government achieve this Goal is anybody’s guess.

Dr Neeraj Nagpal

Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,

Ex President IMA Chandigarh

Director Hope Gastrointestinal Diagnostic Clinic,

1184, Sector 21 B Chandigarh

09316517176 , 9814013735

0172; 4633735, 2707935, 2706024, 5087794

email; hopeclinics@yahoo.com, hopelinics@gmail.com mlagindemnity@gmail.com

For Contributions; “Medicos Legal Action Group” Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;