The Kerala High Court has upheld the validity of the Kerala Clinical Establishments (Registration and Regulation) Act, ruling that hospitals must clearly publish their treatment rates and cannot refuse urgent medical care merely because a patient has not paid an advance amount.
A Division Bench led by Chief Justice A.J. Desai and Justice V.G. Arun dismissed petitions filed by private hospitals challenging provisions of the law. The Court observed that transparency in pricing and assurance of life-saving medical assistance are essential components of the right to health.
The judges held that the Act aims to prevent exploitation, protect patients from arbitrary billing practices, and ensure that lives are not endangered due to financial barriers at critical moments. Hospitals, therefore, must maintain rate charts in visible areas and continue emergency treatment irrespective of immediate payment.
The Bench further stated that regulatory oversight of private healthcare is constitutionally permissible, and the law does not violate the autonomy or rights of medical establishments. Instead, it strikes a balance between institutional interests and public welfare.
