Health regulations need a base to top approach


What is the issue?

In the last week of May, an incident of a devastating fire in a private neonatal care nursing home in New Delhi brought the issue of Health regulations into limelight.

 

What are Health regulations?

Health regulations is a set of procedures that helps the health care professionals to deliver their full services to patients.

  • These are generally issued by national and State governments to uphold the quality of healthcare services.
  • For Example: Clinical Establishments (Registration and Regulation) Act, 2010, Indian Public Health Standards.

 

What are the Issues with Health Regulations in India?

Regulatory Burdens

  • Multiple Approvals:
    • Many Indian States require healthcare facilities to obtain over 50 approvals, creating a cumbersome compliance process.
  • Perception of Overregulation:
    • Despite the plethora of regulations, officials and the public believe the private health sector is inadequately regulated.

Unrealistic Regulatory Standards

  • Clinical Establishments Act, 2010:
    • Enacted 14 years ago, this act is often deemed impractical, with many states not adopting it due to its unfeasible provisions.
  • Indian Public Health Standards (IPHS):
    • First released in 2007 and revised twice, only 15-18% of government primary health facilities meet these standards, indicating the aspirational yet challenging nature of these regulations.

Enforcement Discrepancies

  • Unequal Penalties:
    • Private facilities often face harsher penalties compared to government hospitals for similar infractions.
  • Example of Disparity:
    • In 2017, a private hospital had its license temporarily suspended for declaring a newborn dead when alive, while a similar incident in a government hospital only led to an inquiry.

Approval Process Delays

  • Sluggish Renewal Process:
    • Private healthcare facilities often experience significant delays in the approval process for renewals, even when applications are submitted well in advance.
  • Operational Impact:
    • These delays hinder the smooth functioning of healthcare providers and contribute to systemic inefficiencies.

 

What needs to be done?

Streamline Health Regulations

  • Achievable Standards: Health regulations should be practical and realistic.
  • Simplified Process: Harmonize existing regulations to reduce complexity and simplify applications.

Ensure Timely Approvals

  • Defined Timeframe: Ensure applications for approvals and renewals are processed within a set timeframe to avoid delays.

Implement Differential Standards

  • Tailored Regulations: Apply different standards for various healthcare facilities.
  • Cost Management: Prevent excessive costs for smaller clinics and nursing homes, making healthcare more affordable.

Foster Stakeholder Involvement

  • Engage Representatives: Involve doctors’ associations, different facility types, and community members in regulation formulation.

Promote Responsible Reporting

  • Avoid Sensationalism: Media should focus on constructive reporting to maintain public trust and reduce violence against healthcare providers.

Support Primary Care Providers

  • Small Facility Support: Support single-doctor clinics and smaller nursing homes to provide primary care and keep healthcare costs low.

Adopt a Bottom-Up Approach

  • Practical Implementation: Draft regulations considering the practical realities of different healthcare providers for effective implementation.

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