Section 20 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
20. Free Treatment and concession.
(1)Under clause (g) of sub-section (2) of section 7 of the Act,-(a)the clinical establishment shall have the right to provide for such concession or free treatment facilities to any such deserving candidate as it deems appropriate under any 'corporate social responsibility' (The clinical establishments shall abide by the conditions laid down in section 7 of sub-section 3 (s) of the Act.) scheme or any such scheme;(b)The clinical establishments which have received land or other facilities from the Government during initiation and in course of continuance of their projects shall be responsible to provide free treatment to 20% of the Outdoor Patient Department (OPD) patients and 10% of the Indoor Patient Department (IPD) patients, calculated by the numbers of patients and the amount involved whichever is higher, who belong to the economically weaker sections, the detailed modalities in this regard may be determined by the Commission in due course of time.(c)Over and above these schemes, the clinical establishment, who has availed any privilege from any agreed party, shall provide for such concession or free treatment facilities to any such deserving candidate.Explanation 1. - 'privilege' shall include but not limited to (a) full or partial exemption of any tax, duty or fees levied by the Government, or any local body or any such Authority; (b) procurement of any land, property, equipment or medical supply at a concession rate or free of cost or (c) any kind of gift or donationExplanation 2. - 'Agreed party' means any person who has entered into the agreement with a clinical establishment where the terms and conditions of the privilege offered by that person and the concession or free treatment facilities offered by that clinical establishment are mentioned and such person shall include any individual, or any private sector agency or any public sector agency, government or local body or any such Authority.Explanation 3. - 'Deserving candidate' shall include Indigent person or any other deserving candidate as may be specified in the agreement.Explanation 4. - If not otherwise mentioned specifically in the agreement, such indigent person shall be identified by production of Below Poverty Line (BPL) card, BPL ration card or any 'Indigent Certificate' issued by any such authority as may be notified.(d)"The Commission shall be empowered to issue Regulations for the clinical establishments to provide proper estimates to service recipients or their representatives for treatments not covered under package rates and the final bill shall not exceed certain percentage of estimate provided as may be fixed by the Commission through such regulations".(2)The clinical establishment shall display and publish the mechanism to avail such concession or free treatment facilities in the mandatory display and information brochure under rule 22 for the benefit of all service-recipients.(3)If not otherwise mentioned specifically in the agreement, the term 'concession or free treatment facilities' shall include full or partial exemption of all service charges including charges for registration, consultation charges, Intervention or procedural changes, bed charges, diet charges; investigation charges, charges for drugs or medical supplies, free screening or medical checkup; reservation of certain percentage of beds or any such benefits for such patient.(4)Depending upon the terms and conditions of the agreement the deserving candidate wanting to avail such free treatment and concession may directly approach the clinical establishment or may have to approach the agreed party which in turn will refer such deserving candidate to the clinical establishment and it shall be the duty and obligation of the clinical establishment to honor such referral.(5)The clinical establishment shall generate and maintain such records and a register of those patients and shall submit a quarterly report thereof in such form containing such particulars in such manner as may be notified to the Licensing Authority as a part of mandatory reporting under rule 23.(6)In the interest of public service, the licensing authority shall have the power to supervise and monitor the availability and performance of such concession or free treatment facilities mentioned in the agreement.
