Rajasthan’s Right to Health Bill 2022

Why in news?

The Rajasthan government recently passed the Right to heath bill which faced several opposition from the doctors

Right to Health Bill (RTH) gives every resident of the state the right to avail free healthcare services to -
- Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and any private facilities
The free healthcare services includes consultation, drugs, diagnostics, emergency transport, procedure and emergency care.

Resident Doctors -Will be entitled to emergency treatment and care without prepayment of any fee or charges
20 rights -The Bill extends a total of 20 Rights to the citizens of the state
Obligations on the state government -The Bill sets certain obligations on the state government to ensure the right to health and maintain public health
Health Authorities - Will be set up at the state and district level
Health authorities will formulate, implement, monitor, and develop mechanisms for quality healthcare and management of public health emergencies
Grievance redressal - The Bill provides a web portal and helpline center for resolving complaints against denial of services and infringements of rights
The District Health Authority will take up unresolved complaints exceeding the above timeframe

Violation of Article 19(1)(g) –Since the bill mandates the private establishments to provide free services and don’t contain provision for the reimbursement
Violation of right to privacy –In grievance redressal mechanism a patient’s medical information may also be part of the action taken report which is published in the web portal.
Shortage of health workers and resources –May affect the effective implementation of the right to health.
Inclusion and exclusion error - There may be an overlap between beneficiaries under Ayushman Bharat Scheme and RTH due to certain matching eligibility criteria
The Financial Memorandum of the Bill -Does not mention costs related to any of these factors(human resources, infrastructure development and public health functions) or any additional costs from providing free healthcare services to everyone in the state
Implementing the Right to health may increase the financial obligation of the state.

Article 19(1) (g) of the Constitution guarantees the right to practice any profession or carry on any occupation, trade or business

Government expecting private hospitals to implement the government’s populist policies
Corruption
Low health infrastructure
Shortage of man power
Low funding
Poor administration

The Rajasthan government have to effectively implement the health schemes which are already in play. The schemes are
- Chiranjeevi Health Insurance Scheme
- Rajasthan Government Health Scheme for government employees
- Nishulk Nirogi Rajasthan
- Free Test scheme
There is lack of clarity over the definition of emergency which needs to be addressed

References