On November 26, 2025, the Kerala High Court in Ernakulam made an important decision about the Kerala Clinical Establishments (Registration and Regulation) Act, 2018. Justices Sushrut Arvind Dharmadhikari and Syam Kumar V.M. rejected arguments against the Act, confirming its importance and legality.
The case involved two appeals against the rules of the Act, which are meant to oversee hospitals and clinics in Kerala. Groups like the Kerala Private Hospitals Association and the Indian Medical Association argued that the Act's rules were not practical and went against the Constitution.
Detailed Information Requirements: The groups argued that asking for detailed information about staff and services was unnecessary and invaded privacy.
Displaying Fees and Package Rates: They claimed that showing prices for different services was hard because medical care changes often.
Emergency Treatment Rules: Smaller clinics said they didn't have enough resources to meet the emergency care requirements.
The State Attorney supported the Act, highlighting its role in improving public health and patient safety. The Act aims to make healthcare services transparent, accountable, and ethical.
"The regulation of clinical establishments aims to reduce medical mistakes, enforce basic standards, and ensure that healthcare facilities can handle emergencies properly."
Registration and Standards: All hospitals and clinics must register and follow set standards.
Transparency: Facilities must openly display the prices for services and packages.
Emergency Care: Clinics must provide necessary emergency treatment, even if the patient cannot pay immediately.
The court confirmed the Act, stating it was clear and fair. The judges stressed that the Act matches international standards and benefits the public by ensuring quality healthcare.
The court also provided guidelines for effective implementation: - Emergency Care: Clinics must give initial life-saving help without needing upfront payment.
Transparency: Prices and services must be clearly shown in both Malayalam and English.
Handling Complaints: A strong system for dealing with patient complaints must be established.
The court's decision supports the Act, reinforcing the need for transparency, accountability, and patient rights in healthcare facilities. By confirming the Act, the court has emphasized the importance of fair and ethical medical care.
