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Centre Defends Clinical Establishment Rule In Supreme Court, Says It Curbs Excessive Pricing Of Medical Services
['Amisha Shrivastava', 'Amisha Shrivastava Is A Senior Correspondent With Livelaw', 'Covering The Supreme Court Of India. She Can Be Reached At Amisha Livelaw.In']
Supreme Court - High Court - Legal Breaking News | Live Law India
In April 2024, the Supreme Court had questioned how the Government could prescribe uniform rates for medical services.
On challenge on the ground of violation of Article 19(1)(g), the Centre has contended that clinical establishments cannot be placed on the same footing as ordinary trade or business establishments.
The Centre argues that Rule 9(ii) falls within the statutory framework of the Clinical Establishments (Registration and Regulation) Act, 2010.
Others states raised concerns that rate fixation could compromise healthcare quality and make healthcare establishments financially unviable or uncompetitive.
The affidavit states that the Clinical Establishments Act has been adopted in 19 States/UTs, while 17 States have their own legislation regulating clinical establishments.