CENTRAL INFORMATION COMMISSION

Transcription

1 CENTRAL INFORMATION COMMISSION (Room No.315, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi ) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Information Commissioner CIC/SA/A/2014/ Prabhat Kumar v. Directorate of Health Services Important Dates and time taken: RTI: Reply: Time: FAA: FAO: Time: SA: Hearing: Decision: Show cause Compliance Result: Adjourned Parties Present: 1. The Respondent Authority represented by Mr. Aaditya Chhibber, Advocate, Dr. Lily Gangmei, Dr. R.N. Das, MS NH from Directorate of Health Services. The Appellant has been represented by Mr. Prabhat Kumar and Mr. Chander Shekhar.

2 Facts. 1. The Commission recommended earlier by its order dated No. CIC/SA/A/2014/000004, the Union Government and Delhi Government to take this as undesirable example of defiance of private hospitals and of their indifference towards lives, health and rights of the patients from who they fleece huge amounts of money, to come up with a strict mechanism of enforcing the rights of the patients as per law. The Commission also recommends the Government to take note that right to information of medical records of patient is equal against both public and private hospitals and any attempt to ignore enforcement of this right against private hospital will amount to practice of discrimination in violation of Article 14 of the Constitution. 2. The Commission directed officer in charge of administration of the Fortis Hospital or any other responsible person having authority and knowledge about the case of the father of the appellant to furnish: a. the certified copies of entire medical record including a note explaining the cause of death of the father of the appellant, b. the certified copies of documents based on which the causes were ascertained, c. the certified copies of bills and receipts of payments made by or for the father of the appellant within 21 days from the date of receipt of this order, free of cost to the appellant. 3. The Commission also issued a show cause notice to the officer in charge of administration of the Fortis Hospital or any other responsible person having authority and knowledge to explain why maximum penalty cannot be imposed

3 against him for breach of right to information of appellant within 21 days from the date of receipt of this order. (Para 53) 4. The Commission issued a show cause notice to CPIO of respondent authority why maximum penalty cannot be imposed against him for not exercising regulatory power to secure information of medical treatment to appellant within 15 days from the receipt of this order. (Para54) 5. The Commission also directed the respondent authority to compel the said private hospital with its regulatory power provided under the law to comply with the provisions of the Nursing Homes Registration Act or Clinical Establishment (Registration & Regulation) Act, MCI Act and RTI Act or any other rule or provision under any law, and provide the entire information to the appellant within one 21 days from the date of receipt of this order. (Para 55) 6. The Commission recommended the Government of India, states and Union Territories, besides the respondent authority in this case, to take necessary steps to enforce the right to information, i.e., forcing the private hospitals to give medical records of the patients on day to day basis, because this daily disclosure will prevent undesirable practices of altering records after damage caused to patient. Forcing the private hospitals to provide daily wise medical records will also act as a check on some hospitals from resorting to extortionist, inhuman and ruthless business of prescribing unnecessary diagnostic tests, unnecessary surgical operations, caesarean deliveries, unwarranted angioplasties, inserting stents, without need, or of substandard nature, or putting low quality stent while collecting price of high quality stent, and several

4 such malpractices amounting to medical terrorism, etc. They should not be allowed to such malpractices with all impunity and get away without any legal consequences as if there is an absolute immunity. The Government, Medical Council of India and the health regulatory has to see that licence to practice medicine will not become licence to kill and extort and come to the rescue of helpless patients. (Para 56). 7. The Commission issued summons on to Dr. Kanwaljit Singh (Fortis Hospital), Dr. R.N. Das (MS), Directorate of Health Services (DHS), CPIO, DHS. Nobody responded. The Commission gave another chance to appear today. On behalf of Dr. Kanwaljit Singh, a lawyer is present. All others appeared. Proceedings Before the Commission: 8. The Counsel of the Respondent sought for time of 2 days. The case has been deferred for hearing on 23/02/2015 at 2.30 P.M. No further adjournment shall be provided. The Commission observed that asking for time without preparing with either response or the information is a crime. Sd/ (M Sridhar Acharyulu) Information Commissioner Authenticated true copy

5 (Bablu Lal) Deputy Registrar Address of parties Address of the parties: 1. The CPIO under RTI, Govt. of NCT of Delhi Directorate of Health Services, Department of Health and Family Welfare, F 17, Karkardooma DELHI 2. Shri Prabhat Kumar A 107, Dayanand Colony, Lajpat Nagar IV New Delhi