The Rajasthan assembly on March 21 passed the Right To Health (RTH) Bill that entitles emergency care to citizens of the state without any prepayment in private hospitals. The Bill has become a cause of conflict among private doctors, who are protesting against it.
"There is an ambiguity in the definition of emergency in this Bill. Further, it says that if any patient comes in an emergency to any doctor, he/she has to treat him/her, and if they can’t, they should transfer the patient to the doctor concerned on his/her own,” laments Sharad Agarwal, National President, Indian Medical Association (IMA).
Private doctors feel that the government is putting its responsibilities on the private sector, which is unfair. The Bill defines public health emergency as an occurrence or imminent threat of illness or health condition that is believed to be caused by bioterrorism, appearance of a novel or previously controlled or eradicated infectious agent or biological toxin, a natural disaster, a chemical attack or accidental release, a nuclear attack or accident.
According to the Bill, the government will make the reimbursements for treatments of emergency cases. However, the rates are low as compared to the cost price of the treatment.
“The government hasn’t done any brainstorming exercise, and hasn’t involved any expert in the committee while preparing the bill," claims Agarwal. "If they are making private doctors responsible for something, the advisory cannot come from the government doctors who are not aware of the challenges of private sector."
However, not everyone agrees. Public health activist Bejon Misra says healthcare system needs regulation. “Today, anybody can charge whatever they feel like. There is no quality specification or regulatory mechanism, so where do the patients go?” he asks.
But it can be complicated. Udaipur-based medical oncologgist Dr Manoj Mahajan, who has his own clinical set up in the city, finds many gaps in the RTH Bill. “I have my small clinical set ups for which I need five permissions as per the norms, and there are no subsidies. How can a law be imposed on us saying we have to serve for free, without defining a set parameter?” he asks. It is better to that the government strengthens the healthcare infrastructure in government hospitals, instead of pushing the burden on the private sector, he believes.