Kerala High Court Upholds Law Mandating Display Of Rates Outside Hospitals; Rejects Challenge Of IMA, Pvt Hospital Bodies

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The Kerala High Court on Monday (June 23) dismissed a 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. 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".

"In the light of the afore, the petitioners are not entitled to raise any challenge with reference to Section 39, as noticed above. This is all the more so, since the petitioner in W.P(C)No.1365 of 2019 (Kerala Private Hospitals Association) and the petitioner in W.P(C) No.29353 of 2019 (Indian Medical Association) were the additional 5th and the 9th respondents respectively before the Division Bench of this Court and it is after hearing them also, that the Division Bench issued the directions as above".