Health institutions should comply with provisions of Clinical Establishments Act, says government

The implementation of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, has finally gathered pace in the State, with the government issuing a directive mandating strict compliance by all clinical establishments with the provisions of the Act and the directions issued by the Kerala High Court in November last year.

The High Court had dismissed petitions challenging the implementation of the Act and expressed strong displeasure over the inordinate delay in enforcing the legislation. The court directed all clinical establishments in Kerala to submit an undertaking of compliance with the Act’s provisions within 30 days of the judgment to the respective District Registering Authorities.

With the 30-day deadline elapsing, the government is now empowered to initiate action against establishments that have failed to complete registration under the Act. “Several private health-care institutions that had earlier resisted registration have now come forward to comply, especially after the Indian Medical Association also advised health-care establishments to register under the Act,” said J.G. Sanil Kumar, secretary of the Kerala Clinical Establishments Council.

In a statement issued in Thiruvananthapuram, Additional Chief Secretary (Health) Rajan Khobragade said that no clinical establishment would be permitted to function in the State without mandatory registration under the Act. He added that the council would launch a Statewide awareness campaign to ensure that health-care institutions are fully informed about the provisions of the Act and the specific operational guidelines laid down by the High Court. Inspections have also been initiated across all districts to identify and act against unregistered establishments.

Under the Act, hospitals, laboratories, dental clinics, AYUSH health centres, and all institutions—whether or not they have inpatient facilities—providing diagnosis or treatment are classified as clinical establishments. Such institutions are required to prominently display their registration certificates.

Dr. Khobragade said all clinical establishments are mandated to provide emergency treatment in accordance with their infrastructural capacity and take all necessary steps to stabilise patients. As directed by the High Court, emergency and life-saving treatment cannot be denied under any circumstances on the grounds of non-payment of advance fees or the absence of documents.

Health-care institutions are also required to display details such as service and treatment charges, packages, patient rights, and the name, email ID, and phone number of the grievance redressal officer in both Malayalam and English at the admission desk or reception. These details should also be published on the institution’s official website.

In addition, establishments should provide a brochure—either downloadable from the website or available in print—containing information on services offered, base and package rates, advance deposit and refund policies, insurance and cashless treatment procedures, billing policies, and discharge procedures.

All clinical establishments should set up a grievance desk or helpline, with complaints to be resolved within seven working days. Serious or unresolved complaints should be escalated to the District Registering Authority or the District Medical Officer.

Any violation of the provisions of the Act will invite penal action, including suspension or cancellation of registration, the government has warned.