Rajasthan Right to Health Bill : What the provisions say, why it is seeing opposition and protests?

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Updated : March 24, 2023
12:16 pm

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Rajasthan Right to Health Bill : What the provisions say, why it is seeing opposition and protests?

Context- The Rajasthan Assembly on March 21 passed the Right to Health (RTH), even as doctors continued their protest against the Bill, demanding its complete withdrawal.

What is the Rajasthan Right to Health Bill?

RTH gives every resident of the state the right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and select private facilities.
The free healthcare services, including consultation, drugs, diagnostics, emergency transport, procedure and emergency care, will be provided subject to conditions specified in the rules, which will be formulated now.
Also, all residents will be entitled to emergency treatment and care without prepayment of any fee or charges, and the hospital can’t delay treatment on grounds of police clearance if it is a medico-legal case.
The legislation says that “after emergency care, stabilisation and transfer of patient, if patient does not pay requisite charges, the healthcare provider shall be entitled to receive requisite fee and charges or proper reimbursement from the state government”.

What are the other schemes operating in Rajasthan?

Under the Ashok Gehlot government’s flagship Chiranjeevi Health Insurance Scheme, free treatment up to Rs 10 lakh is provided. This has been increased to Rs 25 lakh in the latest budget
Secondly, there is the Rajasthan Government Health Scheme for government employees, which includes ministers, current and former MLAs, etc.
Third is the Nishulk Nirogi Rajasthan, which also includes the Free Medicine scheme. Under this, all OPD and IPD services in government hospitals, including the registration fee, are provided for free. It covers about 1,600 medicines, 928 surgicals and 185 sutures.
Four, there is the Free Test scheme which provides for up to 90 free tests in government hospitals attached with medical colleges, 56 tests in district, sub-district hospitals, and so on

(Credits- Times of India)

What was the need for the RTH?

Healthcare is close to the heart of Chief Minister Gehlot, who had come up with the Chiranjeevi scheme, and is pushing to develop Rajasthan as a model state when it comes to health. However, his government has often been panned over the implementation of the Chiranjeevi scheme, especially at the end of private hospitals.
As per the Bill, anyone found in contravention of the Act will be punishable with a fine of up to Rs 10,000 for the first contravention, and up to Rs 25,000 for the subsequent contraventions. However, many have pointed out that the penalty may be too low for hospitals.

What is the clause about emergency in the RTH?

The clause that was eventually passed Tuesday states that people will have the right to emergency treatment and care for accidental emergencies, emergency due to snake bite/animal bite and any other emergency decided by the State Health Authority under prescribed emergency circumstances.
Importantly, this can be availed without prepayment of requisite fee or charges for prompt and necessary emergency medical treatment and critical care, emergency obstetric treatment and care, by any public or private health institution qualified to provide such care or treatment according to their level of health care.

Why are doctors protesting?

There are several clauses doctors are still objecting to, including defining ‘emergency’, and “compelling doctors of one speciality to treat patients outside their speciality as part of emergency.” However, the government has repeatedly said that the definition of “emergency” was reworked only after consultations with doctor associations.
IMA has demanded inclusion of several clauses in the Bill. One of them lists nine “responsibilities and duties” that the patients and caretakers should have towards the healthcare facilities: be respectful to providers; avoid crowding with a patient; not to be abusive or with violent behaviour etc.
Another clause lists as many as 17 “Rights of Health Care Providers,” such as “to be treated with respect by patients and the person attending the patient; to be duly informed when patients are seeking a second opinion; to get the tests done in-house or the nearest lab in case of an emergency to prevent delay in patient care; cost of treatment reimbursement must be within 15 days etc.

Conclusion- Government sources said the latest demands are an “addendum” to the doctors’ earlier demands, almost all of which have already been met, and accused the protesting doctors of constantly shifting goalposts so that the Bill is not passed in any form.

Right to health is a step in the right direction, however, the Government needs to assuage the concerns of doctors.