Kochi: The Kerala High Court on Wednesday laid down a series of guidelines, including mandatory prominent display of service rates at all clinical establishments, to ensure effective implementation of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.

A division bench of Justices Sushrut Arvind Dharmadhikari and Syam Kumar VM issued the directives while dismissing appeals filed by the Indian Medical Association and the Kerala Private Hospitals Association. The organisations had challenged a single judge’s order upholding provisions of the Act and its Rules that require hospitals to submit exhaustive details of all employees, including doctors and paramedical staff, and to publish fee lists for each treatment and package.

Upholding the 23 June judgment, the court noted that private clinical establishments have “not taken any steps” to comply with the provisions of what it described as a welfare legislation, even seven to eight years after it came into force. Their conduct, the bench said, has deprived citizens of their fundamental rights and the benefits guaranteed under the Act.

As part of the guidelines, the court directed that every clinical establishment must, at a minimum, screen and stabilise emergency patients within its capacity and ensure safe transfer, with proper documentation and communication, to a higher centre if required. Initial life-saving treatment, it said, must not be denied over non-payment of advance or lack of documents.

To ensure transparency, all clinical establishments must prominently display, in Malayalam and English, at the reception and admission desk and on their official websites:

• list of services offered

• baseline and package rates for commonly performed procedures.

• key facility information such as bed categories and ICU/OT availability.

• summary of patient rights, including emergency care and informed consent.

The court also mandated that the name, phone number and email ID of the Grievance Officer, along with contact details of the District Registering Authority or District Medical Officer (DMO) helpline, must be clearly displayed at reception points and online.

In addition, every hospital must provide a patient information brochure or leaflet in Malayalam and English, containing details on services, rates and package inclusions, deposit and refund policies, discharge procedures, estimates and billing, round-the-clock emergency care protocols and grievance redressal mechanisms.

For handling complaints, hospitals and clinics must maintain a helpline or desk, assign a unique reference number for each grievance, and acknowledge it immediately via SMS, WhatsApp or in physical form. Complaints should be resolved within seven days, and unresolved issues must be escalated without delay to the District Registering Authority or the DMO.

The bench stressed that violations of the guidelines will invite regulatory action, including suspension or cancellation of registration and penalties under the Act, in addition to any civil, criminal or constitutional remedies available to patients.

The Registrar of the High Court has been directed to forward a copy of the judgment to the Chief Secretary and the State Police Chief so they can issue necessary orders and ensure strict enforcement. The state government has also been asked to publicise the key directions through the media for one month in Malayalam and English.

“A detailed compliance report shall be filed before this Court within 30 days from the date of receipt of a certified copy of this judgment. "Let this judgment serve not merely as a declaration of law but as a reaffirmation of the right to dignified, ethical, and equitable medical care,” the bench said.

PTI inputs