CLINICAL ESTABLISHMENT ACT, 2010
INTRODUCTION
The Clinical Establishments Act was passed by Parliament of India on 17th August 2010, to provide for registration and regulation of all clinical establishments in the country with a view to prescribing minimum standards of facilities and services which may be provided by them so that mandate of article 47 of the constitution for improvement in public health may be achieved. The Act was notified vide Gazette notification dated 28th February, 2012 and initially came into force on 1st March, 2012 in the four states namely: Arunachal Pradesh,Himachal Pradesh, Mizoram, Sikkim and all Union Territories except Delhi. Mizoram published its own Gazette on 6th June, 2014. Further the states of Uttar Pradesh, Rajasthan, Bihar, Jharkhand, Uttarakhand and Assam adopted the Act under clause (1) of article 252 of the Constitution. At present,, the Act is applicable in aforesaid 10 states and 6 Union Territories.The Ministry of Health and Family Welfare has notified the National Council for Clinical Establishments and the Clinical Establishments (Central Government) Rules, 2012 under this Act vide Gazette notifications dated 19th March, 2012 and 23rd May, 2012 respectively.The Act is applicable to all kinds of clinical Establishments from public and private sectors, of all recognized systems of medicine including single doctor clinics. The only exception is establishments run by the Armed forces which will not be regulated under this Act.
Clinical Establishments not covered under the Act are:
- Clinical establishments owned, controlled or managed by the Armed Forces.
- Clinical Establishment in the States /UTs mentioned in the schedule of the Act; unless they repeal existing Act and adopt Clinical Establishments Act.
- Also, Clinical Establishments of those categories and of those recognised systems of medicine for which date has not been appointed by the State Government, who has other wise adopted the Act.
AIMS
Clinical Establishments Act aims to register and regulate clinical establishments based on minimum standards in order to improve quality of public health care in the country.
Objectives of the Act
The specific objectives are;
- To establish digital registry of Clinical Establishments at National, State and District level.
- To prevent quackery by unqualified practitioners by introducing registration system, which is mandatory.
- To improve quality of health care through standardization of healthcare facilities by prescribing minimum standards of facilities and services for all categories of health care establishments (except teaching hospitals,) and ensuring compliance of other conditions of registration like compliance to standard treatment guidelines, stabilization of emergency medical condition, display of range of rates to be charged, maintenance of records etc.
ACHIEVEMENTS 2019-20
- Under Section 12 & 13 of the Clinical Establishment Act, 2010, the Governor of Mizoram had notified vide No.A.17014/1/2015-HFW ON 7th september, 2018 The Minimum Standard and classification for Hospital in Mizoram for registration and Minimum standard with Diagnostic Laboratories (or pathological Laboratories).
- The Secretary, Health and family Welfare Department issued with vide No.A.17014/7/2015-HFW/544 on 30th September 2019, The Mizoram Gazette regarding the Standard Procedure Cost stating that CEA Grading in Mizoram and NABH/NABL accreditation will have increment effects on ABPMJAY. Notified rates for procedure and investigation are as follows:
Level I - AB-PMJAY rates to Notified rates.
Level II - AB-PMJAY rates to Notified rates.
Level III - AB-PMJAY rates to 5% increment to Notified rates.
Level IV - AB-PMJAY rates to 10% increment to Notified rates
Level V - AB-PMJAY rates to 15% increment to Notified rates.
NABH/NABL - Additional 5% increment to Notified rates.
- The Secretary Health & Family Welfare Department issued a notification vide letter No. A. 17014/3/2018-HFW/275 on 7th October, 2019 regarding ‘Guidelines for Empanelment of Private Hospitals/diagnostic centres within and outside the State’. In this Notification Annexure –V, Documents required during submission of application for empanelment includes CEA Registration Certificate as mandatory. Stated below:
‘Clinical/Hospital having Provisional/Permanent Registration, under CEA 2010 for Hospitals within Mizoram, with an Inspection Certificate mentioning that the applicant is in compliance with the minimum standards for hospitals under CEA Act, 2010 for Hospital within Mizoram.’
- A one day District Level training on Online Registration was conducted at Aizawl on 17th Oct 2019 to all the owners and in-charge persons of the Clinical Establishments, which was conducted by the State Cell, Clinical Establishment Act, Mizoram.
- A state level Advocacy cum Capacity Building/ Workshop for the starting of Permanent Registration under the Chairmanship of “The Secretary, Health & Family Welfare”, Mizoram was conducted on 18th & 19th October 2019. The Training session was conducted by Additional Deputy Director General and IT consultant from National Council for Clinical Establishment Act, Ministry of Health & family Welfare, India
