Central Information Commission
Mr.Dinesh Kaushik vs Government Of Nct Of Delhi on 17 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002152/9403
Appeal No. CIC/SG/A/2010/002152
Relevant Facts emerging from the Appeal:
Appellant : Mr. Dinesh Kaushik
A-56 Anoop Nagar,
Uttam Nagar
New Delhi --110059.
Respondent : Dr. G. Kausalya
Public Information Officer & Chief Medical Officer Govt. of NCT of Delhi, Directorate of Health Services, CMO, (NFSG), Nursing Home Cell, F - 17, Karkardooma, Delhi - 110032.
RTI application filed on : 23/01/2010
PIO replied : 26/02/2010
First appeal filed on : 22/03/2010
First Appellate Authority order : 28/04/2010
Second Appeal received on : 28/07/2010
Sl. Information sought PIO's reply
1. Please provide me list of all the hospitals The reply of this question pertains to land allotting which are provided land on subsidized rate agencies i.e. DDA. However; the list of the private by DDA and should provide free treatment hospitals/societies to whom land allotted on concessional of poor patients. rate, provided by DDA to this Directorate had been provided as Annexure-I.
2. What should be the percentage of EWS As per the directions of Hon'ble High Court judgment patients treated in this hospital? dated 22/3/2007 and order dated 17/7/2007 in the matter of Social Jurist Vs GNCTD in WPC No. 2866/2002, the private hospitals to whom land allotted by DDA and L & 00 on concessional rate are supposed to provide free treatment on 10% of total Indoor beds and to 25% of total QPD patients, to the EWS category of patient whose total family monthly income is upto 4000/-.
3. What documents a patient has to submit No document, only an undertaking Performa regarding to avail free treatment from such family income which will be provided by the concerned hospitals? private hospital to be filled by the patient. Copy had been provided (Annexure-Il.).
4. How many hospitals have been served a As per available record the total complaint received w.e.f notice for not providing free treatment Sept. 09 to 24/02/2010 are 16. l Detail is as below: Case to EWS patients in the last six months? closed - 06 Under process -10. In addition to above, the Please provide complete details. OPO and IPD achievements prepared on the basis of monthly report/quarterly report sent by identified private hospitals has been compiled and sent to various Govt. agencies ( Delhi Govt. L & DO and DDA) after perusal and approval--of--Pr. Secy. (H) and Hon'ble Minister of Health, every month and every quarter, for information Page 1 of 4 and necessary action, Approx. 4 Identified private hospitals are being inspected by Monitoring committee twice in a month followed by physical inspection of the indoor beds, private OPD, referral desk in the reception area are conducted. Based on the deficiencies found during the inspection, were got noted by Medical Supdt. of the concerned hospitals being member of the committee followed by deficiency letters issued to those hospitals for necessary compliance.
5. Please provide Name, address and There is no special committee has been constituted for the telephone number of special committee purpose of providing treatment to poor patients. constituted for the purpose of providing However, a inspection-cum- meeting of monitoring treatment to poor patients. When the last committee of Govt. of Delhi under the Chairmen ship of meeting of this committee was held? Sh. J S Mohanty has been constituted to minority to Please also provide copy of minutes of monitor the free treatment activities being undertaken by last meeting of this committee. the identified private Hospitals. The following are :-
1. Mr. Ashok Afloarwa. Advocate (Member of Monitoring Committee and inspection Committee), 483, Lawyer's Chamber, Delhi High Court, New Delhi - 110053. Ph No.
2.Dr. Ashok Kumar, Medical Supdt. (Nursing Homes-II, Member of Monitoring Committee) F-17, Karkardooma, Delhi tt01332.( Ph. No 2230733).
3) Medical Supdt, (Member of Monitoring Committee) or his representative, St. Stephen's hospital, Tis Hazari, Delhi -6
1) Medical Supdt. (Member of Monitoring Committee for respective hospitals only).
1) Medical Supdt. (Member of Monitoring Committee for respective hospitals only).
6. Please provide name and address of Out of 38 identified private hospital,3 private hospitals hospitals which have not created special have created special referral centre for EWS category of referral center for poor patients till to patient and three Identified private hospital namely' St. date. 5tepheris hospital Tis Hazari, Rajiv Gandhi Cancer Institute Research Centre, Rohini, Mool Chand Khairati Ram Trust & Hospital Lajpat Nagar, New Delhi have not created referral desk and they appeared in Hon'ble High Court. The matter is sub judice in the Court.
7. What action has been taken by your In view of above the matter is under department against hospitals which have Subjudice. failed to create special referral team?
8. Please provide me name, designation, As per available record D Vijoy address, telephone number and email Kumar is the nodal officer of Din Dayal Upadyaya address of special referral center created Hospital, New Delh. Ph.No. 25494337 in Din Oval Upadyaya Hospital, New Delhi.
9. Please provide me details of poor Reply awaited from the hospital.
patients referred to private hospitals by Din Dayal Upadhaya Hospital in the month Nov and Dec 2009 and Jan 2010.
Please provide details on day to day basis.
10. How many form 1-C have been Reply is awaited from the concerned hospital.
submitted by Din Dayal Hospital to OHS in the month of Nov, Dec 2009 and Jan 2010?
11. Please provide me name and address of Reply awaited from the concerned hospital.
Page 2 of 4all the patients for whom form 1-A was prepared in the month Jan 2010 by Din Dayal Upadhayay Hospital.
12. Please provide patients of patients The copy of the reply received from Mäta Chanan Devi treated by Mata Chanan Devi Hospital Hospital, Janak Pur, New Delhi had been provided to the in the following format for-the month of appellant (Annexure-IIl). Jan 2010. However, as per the monthly report earlier submitted by Date Total Total Expenses Mata Chanan Devi Hospital , the information is as below:
No. of Patients incurred 1. Total No. of OPD Patients: 2860 Total No. of IPO OPD No. of on Patients: 1689 Patients EWS EWS 2. Total No. of EWS patients treated: InOPD-784 and In U Patients IPD - 29.
Treated 3. Regarding expenses incurred on EWS patients, no such records are maintained in this cell.
13 Please provide Name and address of all The copy of the reply received from Mata Chanan Devi the patients admitted in Mata Chanan Hospital, Janak Purl, New Delhi had been provided to the Devi Hospital under EWS category in appellant (Annexure - III). the month of Jan 2010 along with date of admission and discharge.
14. I would like to inspect the records of The copy of the reply received from Mata Chanan Devi Mata Chanan Devi Hospital related to Hospital, Janak Purl, New Delhi had been provided to the EWS patients treatment under section 2(j)(i) appellant (Annexure - III). of RTI Act. Please provide me sóitable date and time when this inspection can be done. I should be permitted to take my digital camera and take photos of documents of my choice.
15. I would also like to inspect the records Reply awaited from the concerned hospital.
maintained by Din Dayal Udadhaya Hospital related to treatment of EWS patients under RTI Act 2005. Please intimate me suitable date and time for this inspection.
16. Please provide me name and address of Dr. B. Monhanty, Addl. Director (M), Directorate of First Appellate Authority (FM) which Health Services, Karkardooma, Delhi-32. should be approached in case the reply received from you is incomplete or unsatisfactory.
Order of the First Appellate Authority (FAA):
"CMO , Nursing Home Cell told that the above information was not available and also not bound to maintain the above mentioned record in this Directorate. Moreover the Medical Superintendent (MS.), Mata Chanan Devi Hospital was directed to provide the information to the applicant; M.S., Mata Chanan Devi Hospital did not provide the same on the reason that patients had restrained the hospital from disclosing about their status".
Grounds for the Second Appeal:
Unsatisfactory information had been provided by the PIO and not satisfied with the FAA's order.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Dinesh Kaushik Respondent: Dr. G. Kausalya, Public Information Officer & Chief Medical Officer;
Dr. Ashok Kumar, Chief Medical Officer;
The appellant appears to be guided by general public interest and a desire to ensure that EWS citizens get their benefit in private hospitals which are supposed to keep beds for people who are from economically Page 3 of 4 weaker sections. The PIO is directed to provide the following information to the appellant about Mata Channan Devi Hospital, Janakpuri.
Names and address of patients admitted in the EWS category in January 2010 with their bed number.
The Commission also directs the PIO to ensure that the details of beneficiaries of the EWS patients in private hospitals is displayed on the website each day in the following format:
Name of Hospital Sl. Number Name of patient Father's/Husband's Address Bed number name This will be displayed on the website of the public authority every day from 01 October 2010 onwards. This is being ordered in compliance of Section-4 of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide the following information to the appellant about Mata Channan Devi Hospital, Janakpuri before 10 October 2010.
The Commission also directs the PIO to ensure that the details of beneficiaries of the EWS patients in private hospitals is displayed on the website each day in the following format:
Name of Hospital Sl. Number Name of patient Father's/Husband's name Address Bed number This will be displayed on the website of the public authority every day from 01 October 2010 onwards. This is being ordered in compliance of Section-4 of the RTI Act. The PIO is also directed to email the report along with the url address where the information has been uploaded to [email protected]. The Report must include:
1. Measures taken to fulfill disclosure obligations under Section 4 including making information available on your official website.
2. Measures put in place to ensure regular updating of the information uploaded on the websites.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 17 September 2010 (In any correspondence on this decision, mention the complete decision number.)(BK) Page 4 of 4