Private sector protests exemplify fears of Rajasthan’s Right to Health legislation setting off a nationwide ripple effect

The Right to Health legislation passed by the Rajasthan assembly has sparked public interest and stirred protests among private medical practitioners. Rajasthan is the first state in India to make such a law.

The government of Rajasthan worked with researchers and activists to draft the Bill, which went through many rounds of revisions.

As soon as the Bill got passed, professional organisations have started vehement protests, terming it as a draconian law and crippling medical services across the state.

Surprisingly, at the same time, civil society representatives seem to think that the law is a watered down version of what they had originally proposed.

The private hospitals and the government of Rajasthan have a history of disagreements. Rajasthan’s recent efforts towards “Health For All” through its flagship health insurance scheme have seen instances where the private sector hospitals denied services to patients despite being part of the insurance scheme, which admittedly led the government to consider a right to health law.

In order to understand the polarised debate around the Act, it is necessary to see what it offers.

The Act states that every resident of Rajasthan will avail free OPD services, IPD services consultation, drugs, diagnostics, emergency transport, procedures, and emergency care at government hospitals based on their level of healthcare.

The Act also makes emergency treatment and care – free at the point of care even in private institutions. 

It states that the private hospital will be entitled to receive requisite fee and charges or proper reimbursement from the government of Rajasthan, if the patient is unable to pay.