Kochi: The Kerala High Court has upheld the provisions of the Kerala Clinical Establishments Act and Rules, which include the mandate for hospitals to display treatment rates and package prices in both Malayalam and English in a manner visible to all. Justice Harishankar V. Menon issued the order, dismissing a petition filed by the Kerala Private Hospitals Association, the IMA State Chapter, and the Medical Laboratory Owners Association, which challenged certain provisions of the Act and Rules.
However, the High Court clarified that the petitioners are free to inform the government about any practical difficulties they face. The court noted that the law aims to ensure a specific standard for each service to protect public health. The legislation covers aspects such as registration of clinical establishments.
The petitioners had argued that fee rates and package rates were not clearly defined, granting uncontrolled power to the authorities. In response, the government contended that the law was enacted to ensure public health and patient safety, and that it was a step towards transparency, promoting ethical standards. The court further stated that the petitioners had not pointed to any unreasonable actions in their allegation that authorities were given uncontrolled and arbitrary powers. The court found no fault with the law’s requirement to publish service fee rates in Malayalam and English. It also noted that the law specifies clear procedures for actions such as the cancellation of hospital registrations. The court also observed that while representatives from the Indian Medical Association and Indian Dental Association are included, representatives from service recipients could also be included.