Explained | Rajasthan’s Right to Health Bill  Premium

What does the Bill say? Why are private hospitals opposing it? Do any other States and countries guarantee people’s health protection?  

The story so far: The recently concluded Budget session of the Rajasthan Assembly revived the debate around the Right to Health Bill. The legislation, if passed, will provide mandatory free and affordable medical services in hospitals, clinics and laboratories — both public and privately owned. Rajasthan would be the first State government to establish and protect the legal rights of patients to access equitable healthcare services. The Bill also provides for strengthening the public healthcare system.

Faultlines have emerged around the legislation’s passage. Private hospital doctors object to the Bill citing it is hastily drafted, ignores ground realities and may tighten norms in an already over-regulated field. Civil society groups and activists, however, note that while the Bill needs clarity and could be sharpened to avoid implementation loopholes, it is an important starting point in framing healthcare as a tangible “right” for citizens.  

What does the Bill say? 

The Congress-led government tabled the Right to Healthcare Bill, 2022 in the Rajasthan State Assembly in September 2022. The Bill provides rights to patients and healthcare providers, places the obligation on the government to protect these legal rights and mandates the setting up of grievance redressal mechanisms.

The legislation will be a “progressive reduction in out-of-pocket expenditure in seeking, accessing or receiving health care” for patients, the preamble states. Rajasthan residents will be entitled to free check-ups, drugs, diagnostics, emergency transport and care at all public health institutes, along with affordable surgeries. The Bill frames medical services as a public service rather than a vehicle for making money, in line with Chief Minister Ashok Gehlot’s earlier statements. If enacted, the Act will have a recurring annual expenditure of Rs. 14.5 crores. 

“The Bill further avers that no private health care facility should deny emergency care to anyone -- even if the patient is not able to pay at the time,” says Chhaya Pachauli, who is associated with advocacy group Prayas.

Clause 3 of the Bill lays down 20 rights a State resident will be entitled to — including the right to informed consent, to seek information (in the form of medical records and documents) regarding diagnosis and treatment, to keep this data confidential and private and to receive treatment without discrimination based on caste, class, age, gender, among other markers.