The Rajasthan Assembly recently concluded its Budget session, reviving the debate around the Right to Health Bill. The Bill seeks to provide the right to health and access to healthcare for people in the state, including free healthcare services at any clinical establishment. In this essay, we will discuss the key features of the Bill, the need for the Bill, and the key issues surrounding it.

Key Features of the Bill

The Rajasthan Right to Health Bill, 2022, has several key features. It provides the right to health and access to healthcare for people in the state. This includes free healthcare services at any clinical establishment to residents of the state.

Below are the obligations imposed on the state by the Bill:

  • Formulate and prescribe a public health model
  • Make appropriate provisions in the state budget for public health
  • Make healthcare services available, taking into consideration distance, geographical area, or population density
  • Lay down standards for quality and safety of healthcare at all levels
  • Set up a coordinating mechanism to ensure adequate supply of safe drinking water, sanitation, and nutritionally sufficient safe food
  • Institute measures to prevent, treat, and control epidemics and public health emergencies.

To ensure the effective implementation of the Bill, Health Authorities will be set up at the state and district level. These bodies will formulate, implement, monitor, and develop mechanisms for quality healthcare and management of public health emergencies.

The Bill also provides a mechanism for resolving complaints against denial of services and infringements of rights. A web portal and helpline center will be established for filing complaints. The concerned officer will have 24 hours to respond to the complaint.

Need for the Bill

In 1996, the Supreme Court held that the Right to life (Article 21) included the right to health within its fold, and also pointed out the obligation of state governments to provide health services. In 2018, the National Commission on Human Rights drafted the Charter of Patient Rights to be implemented by state governments. The Rajasthan Right to Health Bill, 2022, seeks to provide for the protection and fulfillment of equitable rights in health and well-being.

Key Issues

The Bill has several key issues. Firstly, a resident of the state has the right to avail free healthcare services from any clinical establishment, including private establishments. However, there is no provision for reimbursing private health establishments for providing free healthcare services. This may make these establishments commercially unviable and violate Article 19(1)(g) (Right to practice any profession) of the Constitution.

Secondly, the District Health Authority is required to upload an action taken report on the web portal for complaints. The Bill does not specify who will have access to the report on the web portal. This may infringe on the patient’s right to privacy in medical cases.

Thirdly, implementing the right to health may increase the financial burden on the state. The Bill does not provide for such additional costs.

Lastly, ensuring free and quality healthcare at all establishments would require adequate human resources and infrastructure at all clinical establishments. Data suggests that there may be a shortage of such resources in the state. This may affect the effective implementation of the right to health.

MCQs on The Role of the Rajasthan Right to Health Bill in Improving Healthcare Access

  1. What is the key feature of the Rajasthan Right to Health Bill, 2022?
    A. It provides the right to health and access to healthcare for people in the state.
    B. It provides free healthcare services only to the residents of the state.
    C. It only focuses on setting up a coordinating mechanism to ensure safe drinking water.
    D. It does not lay down standards for quality and safety at all levels.
    Correct Answer: A. It provides the right to health and access to healthcare for people in the state.
    Explanation: The key feature of the Rajasthan Right to Health Bill, 2022 is to provide the right to health and access to healthcare for people in the state. This includes free healthcare services at any clinical establishment to residents of the state.
  2. What is the major concern with the provision of free healthcare services in private establishments under the Rajasthan Right to Health Bill, 2022?
    A. It may make these establishments commercially unviable.
    B. It may infringe on the patient’s right to privacy.
    C. It may increase the financial obligation of the state.
    D. It may affect the effective implementation of the right to health.
    Correct Answer: A. It may make these establishments commercially unviable.
    Explanation: A resident of the state has the right to avail free healthcare services from any clinical establishment including private establishments under the Rajasthan Right to Health Bill, 2022. However, there is no provision for reimbursing private health establishments for providing free healthcare services. This may make these establishments commercially unviable and violate Article 19(1)(g) (Right to practice any profession) of the Constitution.
  3. What is the obligation of state governments with regards to providing health services, as per the Supreme Court?
    A. To provide health services.
    B. To provide health services only to residents of the state.
    C. To provide quality healthcare services at all levels.
    D. To provide free healthcare services at all clinical establishments.
    Correct Answer: A. To provide health services.
    Explanation: In 1996, the Supreme Court held that the Right to life (Article 21) included the right to health within its fold, and also pointed out the obligation of state governments to provide health services.

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