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Supreme Court stays Kerala HC order on display of clinical services

The apex court said the members of the association will continue getting themselves registered under section 19 of the Act.

Express News Service

NEW DELHI: Offering a huge relief to the Kerala Private Hospitals Association (KPHA) and others, the Supreme Court on Tuesday stayed a Kerala HC order issuing a slew of guidelines, including asking clinical establishments to display a list of services offered.

On November 26, a two-judge bench of the HC had delivered the verdict while dismissing appeals against a single-judge order that rejected a plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.

A two-judge bench of the apex court, headed by Justice Vikram Nath, stayed the HC order after hearing an appeal filed by the KPHA and one Hussain Koya Thangal.

While issuing notices on the appeal to the state government and other stakeholders, the SC sought their replies and directed the authorities concerned not to take any coercive steps against the members of the association till the next date of hearing, February 3.


Meanwhile, hearing the appeal, the top court allowed the petitioners to implead the Centre as a party in the matter, as it asked Solicitor General Tushar Mehta to assist it in the case.

The apex court said the members of the association will continue getting themselves registered under section 19 of the Act.

The HC, while passing a slew of directions, said each clinical establishment shall prominently display, in Malayalam as well as in English, at the reception and on its official website, a list of the services offered and the baseline and package rates for commonly-performed procedures, with a note that unforeseen complications or additional procedures shall be itemised.

The HC also went on to pass the order that every clinical establishment shall maintain a grievance desk or helpline and register every complaint with a unique reference number, issuing an acknowledgement immediately through text messages, WhatsApp or in a physical form.

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