Medical Community Sees Rajasthan's RTH Bill As Potential Pilot Project, Fears Other States May Follow Suit: State IMA President

In Rajasthan, the Indian Medical Association has been actively protesting the Right to Health Bill, which was passed on 21 March by the state's Congress-led government.

The legislation has been strongly opposed, with thousands of physicians and health workers protesting against it. They called for the immediate withdrawal of the "draconian" law.

Sunil Chugh, Rajasthan's Indian Medical Association president, is leading the protest with support from all 55,000 doctors in the region.

Our communication with the government since March 2022 has resulted in some relief, but we no longer trust their commitments as they have often backtracked. We are urging them to retract the draconian Bill, Chugh said.

A process is in place and the government cannot reverse the Act once it is passed in the Assembly.

Despite informing the government of our issues, including a formal letter on 17 March to the Chief Secretary detailing all the crucial matters, they were not addressed prior to the Bill's passage. The question remains why the government failed to act upon our objections, he told The Indian Express.

We informed them that smaller hospitals lack essential facilities to treat emergency cases, such as ICU or multiple doctors. Their response was to exempt hospitals under 50 beds from providing such care under the definition of designated hospitals. However, the final Bill did not include this exemption for smaller hospitals, he said.

The National Human Rights Commission has recommended the Charter of Patients' Rights, which includes patients' duties towards healthcare providers. However, the Bill does not incorporate these duties. It is essential to consider the rights of both parties - patients and healthcare professionals, he added.

According to Chugh, the government's message is that private hospitals offer free treatment, and this is being communicated to constituents by MLAs. However, this perception could potentially cause problems.

Patients may come to hospitals with the expectation of receiving free treatment, without understanding what is covered by insurance. This could lead to conflict if a treatment or procedure is not covered, and patients may threaten legal action or even engage in vandalism.

The pressure on hospitals, Rajasthan's IMA chief said, to provide free treatments could undermine their ability to offer quality care to patients who are paying for their services. It is critical that the government and MLAs provide accurate information about what is covered by insurance to avoid creating unrealistic expectations and causing chaos in the healthcare system.

The medical community in India sees us as a potential pilot project that could set a precedent for the rest of the country. Other state governments may follow suit once the Bill is implemented in Rajasthan. Therefore, nobody wants us to accept the Bill as it could have widespread implications, he said.

He further expressed that the medical fraternity fears that implementing the scheme will result in daily fights and the loss of their income source. Additionally, the government owes hospitals Rs 44 crore from before 31 December 2019, under the Bhamashah Scheme.

Under Chiranjeevi, Rajasthan government provides Rs 2,100/day for general ward and Rs 4,700 for ICU with medicines and investigations included. The current amount given is seen as inadequate and delays are expected before the full amount is provided.

When asked about the state government's claim that doctors have misconceptions, and are being misled by protest leaders, citing the old Bill, the IMA state chief said, I'm apolitical, but I believe the health secretary's brainwashing won't earn government many votes; instead it will cause more problems.