Why are Rajasthan doctors protesting?
The stupidity of Right to Health Bill highlights another flaw in rights based model. The government granted a right of FREE Health care that the private sector has to bear the burden.
The Rajasthan Right to Health Bill 2022 has created waves. Doctors and clinic owners are on the road protesting the bills in some weird ways. Like this:
Or you can see this:
Why are the doctors protesting?
The bill in question is The Rajasthan Right to Health Bill, 2022.
[I have linked to the summary analysis by PRS. You can download the entire bill and legislative brief on that page using links on the right.]
As explained by PRS, “the Bill provides for residents of Rajasthan to avail free health services in any clinical establishment. Any person in the state can avail: (i) free outdoor and indoor patient department services, consultations, medicines, and diagnostics in public health institutions, (ii) emergency treatment and care at all health care providers without prepayment, and (iii) access to referral transport by all healthcare establishments. Residents can also avail free transportation, treatment, and insurance coverage against road accidents at all health care establishments.”
There are no provisions for reimbursing private clinics and hospitals for the services rendered. So the government is forcing private clinics, nursing homes and hospitals to bear the costs of treatment.
The Act requires the government to create a State Health Authority (SHA), District Health Authorities (DHA), and a Grievance Redressal Mechanism. The authorities (SHA and DHA) will involve top bureaucrats from various medical and health services departments. These bureaucrats will then pass orders and levy penalties on private clinics, nursing homes, hospitals etc. The authority of civil courts is conveniently reduced in favour of judicial powers to SHA and DHA. This increases the cost of getting justice without removing the hurdles that perpetrate the injustice.
Yes, you got it right!
The government created a right out of thin air and made a law that the private sector has to bear to cost to fulfil that right.
The construct of these laws is repugnant to the fundamentals of policy design. It is devious. The right is granted to the voter, the government does not have to do anything, and the private sector has to bear the burden. Further, if the private sector wants to get out of this responsibility, some paid channels can be made available under the radar.
In Sum
This legislation, like The Right to Education Act, is a policy mistake deliberately created to shackle future governments.
If one desires to give proper effect to such laws, compliance becomes a problem resulting in an adverse business climate. It opens up more avenues for litigation in the enforcement of this act. The blame and responsibility always fall on the private service provider. It opens up avenues for corruption that can enrich politicians and bureaucrats. And ultimately the beneficiary always loses.
As the West is learning, what is unsustainable, cannot be sustained.