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TMI Blog2015 (4) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... ttracted against them. Therefore no, prima facie, case is made out under the provisions of Section 4 of the Act in the matter.The different rates prescribed by DGHS for NABH accredited hospitals cannot be considered as anti-competitive in any manner, rather it would act as an incentive to non-accredited hospitals to secure such accreditation and provide quality health care services, which will ultimately benefit the patients. As regards the allegations of violation of Section 3 of the Act, the Informant has not submitted any cogent evidence stating existence of any agreement, in any manner, between the Opposite Parties in the matter. Thus, prima facie, no case in terms of Section 3 of the Act is made out against the Opposite Parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the information, DGHS vide its office memorandum No. S.11011/23/2009-CGHS D.II/Hospital Cell (Part I) dated 17.08.2010 notified for fresh empanelment of private hospitals and revision of package rates applicable under Central Government Health Scheme ('CGHS') in Delhi wherein it prescribed different rates of reimbursement to the private hospitals based on their accreditation with NABH. The Ex-Servicemen Contributory Health Scheme (ECHS) has also adopted the said office memorandum. 3. The Informant alleged that the said office memorandum of DGHS does not spell out any rationale or logic behind the different rates of payment for treatment of a disease or medical condition as there is no relationship between NABH accreditation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lleged violation of Section 3 and Section 4 of the Act by the Opposite Parties. 8. For applicability of the provisions of Section 4, the entity or entities in question must be an enterprise in terms of section 2 (h) of the Act. In the instant case the allegations of the Informant primarily against DGHS which is working under the Ministry of Health and Family Welfare, Government of India. The activities being performed by DGHS cannot be covered in the definition of 'enterprise' because it is not directly engaged in any economic and commercial activities. Its role is limited to control and regulate the health care system in the country. 9. Similarly, the Ex-Servicemen Contributory Health Scheme is a comprehensive healthcare sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incentive to non-accredited hospitals to secure such accreditation and provide quality health care services, which will ultimately benefit the patients. In a developing country like India, heath care system operates within an environment of rapid social, economical and technical changes which raise concern for the quality of health care. Hospitals are an integral part of health care system and accreditation would be the single most important approach for improving the quality of hospitals. Accreditation is an incentive to improve capacity of hospitals to provide quality health care. A well developed national accreditation system for hospitals ensures that hospitals, whether public or private, play their expected roles in national health sys ..... X X X X Extracts X X X X X X X X Extracts X X X X
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