Case No: WP(C) 1365 of 2019 & Connected Cases
Case Title: Kerala Private Hospital Association and Another v State of Kerala and Others & Connected Cases
Notably Section 39 (Display of the certificate of registration and other information by the clinical establishment) states, “Every clinical establishment shall display, in a conspicuous place in the clinical establishment in Malayalam as well as in English the fee rate and package rate charged for each type of service provided and facilities available, for the information of the patients”.
It further states that all clinical establishments in the State shall display package rates for specific procedures and such establishment shall charge fees or package rates more than what is displayed.
The petition challenging the provisions of the Act was filed by many bodies, including the Indian Medical Association, Kerala Private Hospitals Association, Medical Laboratory Owners Association, Kerala Private Clinics Association, and Indian Dental Association.
The Kerala High Court dismissed the plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 and the Rules therein, including an objection to the provision which mandates display of fees charged by every clinical establishment for its services.
