Kerala HC: Hospitals must show rates, can’t deny emergency care for non-payment

Kerala HC: Hospitals must show rates, can’t deny emergency care for non-payment

The High Court of Kerala, Ernakulam, upheld the constitutional validity of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, affirming that hospitals must display treatment rates and cannot deny emergency care for non-payment of advance charges. The case arose from writ appeals filed by associations of private hospitals and doctors challenging provisions mandating registration of clinical establishments, disclosure of fees and package rates, and compulsory emergency medical treatment. The appellants argued that these provisions were vague, impractical, burdensome, and violative of fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. Dismissing the appeals, the Division Bench reiterated the presumption of constitutionality of welfare legislation and applied the doctrine of proportionality, holding that the Act pursues legitimate public objectives such as transparency, patient safety, and access to healthcare. The Court emphasized that the right to health and emergency medical care forms an integral part of Article 21, and reasonable regulatory restrictions on private hospitals are constitutionally permissible. The Court clarified that “package rates” under Section 39 are baseline tariffs for standard procedures, allowing additional charges for unforeseen complications with proper disclosure. On emergency care, it held that obligations are capacity-based, but no clinical establishment can deny immediate care solely due to non-payment. The appeals were dismissed, and the Act was upheld as intra vires the Constitution.