Rajasthan's Right to Health Bill: Provisions, opposition

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Last Updated24/03/2023

The Rajasthan Assembly passed the Right to Health (RTH), even as doctors continued their protest against the Bill, demanding its complete withdrawal.

RTH is a fundamental human right that guarantees everyone the right to enjoy the highest attainable standard of physical and mental health.
It is recognized as a crucial element of the right to an adequate standard of living and is enshrined in international human rights law.

RTH covers various health-related issues, including-
Access to healthcare services, clean water and sanitation, adequate nutrition, healthy living and working conditions, health education, and disease prevention.
Accessible, affordable, and quality healthcare services
Eliminating barriers to healthcare access
Informed consent to medical treatment and accessing information about their health.

Free treatment: Right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and select private facilities.
Wider scope of healthcare: Free healthcare services will include consultation, drugs, diagnostics, emergency transport, procedures, and emergency care.
Free emergency treatment: Residents are entitled to emergency treatment and care without prepayment of fees or charges.
No delay in treatment: Hospitals cannot delay treatment on grounds of police clearance in medico-legal cases.
State reimbursement of charges: After emergency care and stabilisation, if patients do not pay requisite charges, healthcare providers can receive proper reimbursement from the state government.

Chiranjeevi Health Insurance Scheme: Free treatment up to Rs 10 lakh, which has been increased to Rs 25 lakh in the latest budget.
Rajasthan Government Health Scheme: It covers government employees, ministers, current and former MLAs, etc.
Nishulk Nirogi Rajasthan scheme: Free OPD and IPD services in government hospitals and covers about 1,600 medicines, 928 surgicals, and 185 sutures.
Free Test scheme: Up to 90 free tests in government hospitals and has benefited 2.93 crore persons between March-December 2022.

Existing burden of schemes: Doctors are protesting against the RTH because they question the need for it when there are already schemes like Chiranjeevi that cover most of the population.
Specialization concerns: They are also objecting to certain clauses, such as defining “emergency” and being compelled to treat patients outside their specialty as part of an emergency.
Unnecessary obligations: The Bill empowers patients to choose the source of obtaining medicines or tests at all healthcare establishments, which means that hospitals cannot insist on in-house medicines or tests.

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Given the contentious nature of the Bill, it is important for all stakeholders to engage in constructive dialogue to resolve the issues at hand.
It should involve liaison between government, doctors, patient advocacy groups, and other relevant stakeholders to discuss the concerns raised by all parties and identify potential solutions.
This could be followed by a revision of the Bill, incorporating feedback and suggestions from all stakeholders, and a renewed effort to build consensus and support for the legislation.
Additionally, greater efforts could be made to improve transparency and accountability in the healthcare system, with a focus on educating patients about their rights.