91182016. - Disclosure of action taken agains rivals hospitals which breached the conltion of serving EWS patients (rae of cost & information about the recov. a rtifoundationofindia.com REIfi Menu >rmation from the dale ofthe Supreme Court order severing tid party information (© Appelant: PIO didnot pr Disclonure of he stn laken agains private hspitle which beached he conto of serving patents tom economically weker section feof cost ‘was sought. The sppallant wanted Ifomston about complance of Duh High Galt err of 2007 Tor ocovery af unjust money Made by the pate hosp ‘The Commission finds inordinate delay in implementation of court lr which Is the cause of denial of information about ‘The Commission suspects a vested intrest and corruption behing delay and denial of information, which need to be probed. Under Section 32) the Commision is satel that there ao reasonable grounds to Ingure Inte this mater and ws 10(3) » the Commission requires the public autnrity fo Inquire nto this matter as that facies, Inthe opinion ofthe Commission, to secure compliance wih the Provisions of the RT Ac. The CPIO or deomed PIO represent the entire Department fr its inference and inaction, hence the Commission has no other way ‘xcopt to impose maximum penalty en the CPIO and deemed PIO, Dr RN Da for thelr miserable allure in furishing the Information In spite ofthe dracon by thelr own senior officer the First Appallate Authority. CIC elvected to Inte the escplinary action against the CPIO and Deemed PIO Dr. RN Das. Dr. NV Kamath, the Director, Health Services Department, who issued show cause notices to Nursing Homes fo explain what action ‘was akan aftr those notices, n the form of an affidavit, besides giving reasons why te public authority fled fo act and why file Is being Shutled between the standing counsel, deparment of law and headquarters, though the Law Department has specify stated that Sdministratve action should be taken and when they would be in a position fo initiate any substantive action to implement Hon’ble Delhi High Courts’ order given in 2007 ORDER “The complainant was heard on Mobile NeO8! 1070436, as requested by him, The Publc Auton is represented by DrLly Gargms and Dr. LN Das. FACTS: 2, This Commission by order dates 21.12.2014 aecte the Directorate of Health Sewvics to close the action taken against pvate hosp wien broached th conaton of serving EWS patents tee of cost and cover tho ‘Uunusterichment’ mage oy thm. Rasparding to a complaint mage by Rakesh Kumar Guta, on hie RT applcnon dated 30h October, 201, for formation abot comslanes of Osh High Cou eer of 207 for recovery ‘of unurt money made by the pate hospals. The Conmiesionar pated out hat the publ have a grt interest in checkig the manipatve aces in doprving tne people ofa reatment facies ans maximizing the pofis by rome private hoapas taking the indie advantage of concessions ‘avon by the Gavermor. Even ata lapse of soven years, he juagmen’ was nek plored 3. Inthe past O0A and Lard & Development Office of Goverment of sha ted land tothe registered scites ard rst on concessional ates \Groseermnad and ronal variant ates for esatishmont of hosptae and ako siulates the conston tha ay would provide ceian preenage of bods inthe Resp fov Yor the poorndlgentcatogery ations. Simla inthe OPD, twas stpuatos Va roo Wea has to be provided to tho Patients balenging Io (ne ndgent category. These hospitals came into functional stages during diferent times and had the conditions varying {rom 10% of free beds inthe IPD to 7OK IPD beds In some of tho cases, however In most ofthe case Iwas 25% free IPD beds. A igh power cemnstoe indo tho calmarship of Justice AS Queshi was also corttuted inte year 2000 an tho recormondatons made by th Sat carmmitis ‘egarng te contions tht there sul be 10% foe bad nthe IPD al 25% ofthe paint nthe OD shoe be provid fro eaten as ko vocommended tat the constons should be unform ad appcate fo al th alltons with o wihcut condone tthe re trams shoul {cal foe. Doth Govt found these recommendations reasonable and acepted the sare ad intimated ine concomes land aloting epee, to soe ths wha gar of rls are url exiching tnemsaties enjoying contional concessions avon by the sate without fling those cantons. The cout had nko observes that oly poorer categories of paints goto general publ Nospals, ard they do ot got he private Rasps dus to which the earmarks bods in the 5. The Gammistion stected on 318! December 2014 DE. RN. Das, who is custody of ntrmation stout nusing homes in Ns capciy 9s Medea Superintendent, vo else supposed to plement the udorent ele tosh cause wry maximum peally cannot be imposed egenst hm fr nt hing inferation to CPIO sore tat CPIO communicated the same tothe appela, by way of complying wi oder ef Fat Apple Auth. The Commissian also crocted Or. Lily Gangra PIO. o show caute why maximum perly cant be nposed fr na electing the intermation ae pat 8. Inresponse to ths note, Dr RIN Das are Dr. iy Gang the CPIO were present on 12 Jan 2016. 210° RN Das ai not fle any explanation or affidavit showing cause why he shall not be penalized under Seaton 20 of RTI Act, but personaly ‘tpained that ne as gvan te ifemation neaded a the CPI. bThe CPIO submit a bunch of papers claiming the relovar infomation was give, files ware shown in inspection tothe complainant and they salt ‘hat iney have brought several ls tothe Commision, The Complainant was et physically present and wanted audio conferencing, When cortacte, he complknad tat relevant es wer nt shown. The tpitwww.ieundationotnda.comidsclosure-actiontaken-against-privae-hospitalst a91182016. - Disclosure of action taken agains private hospitals which breached the conltion of serving EWS patients (rae of cost & information about the recov. Chartered Accountants Reports were not presented during the Inspection, He lage that inspite of show ease note, the respondent fies {he department was nl ready To recover rom thane hospi alse {SCA repos wore made by the alleges hospals by 30h May 20%, ier repo was received much eater an 15th Augut 2013 wih a nate Pat final ‘epont would be subted it T days. Gong by thal date inal pat sul hve bosn receved in Octobe 2018 sel. Though tse Fgh Gait gave ban completed 2073 hasbeen dagped ilo 2015 7d whan wl be done snot known to ary, the complainant stated in is wetn submission, the Special Commitice was ertsted wth the responsi of esceraning the amouat to be calecte, where 9 rathing hasbeen done 80 far, the emplanant alleged The Complarantssstes on penal ation and @scpinay ackan apa he CPIO and deems PIO Dr N OSS, ‘in fact the Complains against nanunishing of pat nfomation whichis very vial in ascertaining thatthe oder of Honble High Cout was not impemecied evan after seven years. Comolainnt expressed an appshensin that some ofthe ofc in respeedentauhory were cooperating wh ‘he prvate hosts supposed o pay huge amount of compensation for tha unust enchant ‘7The CPI0 and doomed PIO submit that the numberof hesptls making ust enchant was increasod from 201043. hth writen submission frm the CPI0 dat 121.2015 stated in pursuance of orders of Fst Apple Autor they have foward the copy of FAA to thor offees within thor ofc fer compliance. Afr recsving the ropor on 622014 fwas forwarded to apoicant on 10.2014. Tho Commission noted that orer of FAA dated 30.120" was supposed to be comped wih in 10 days on polls 2.3 and 4. nthe reply only cotahnos ames of members of the special commitoe, and forration that last su repor wae rocewed on Doe 2013, leaving aut oer pats In RT Selcation |iRogarsing the vial question about process of recovery of unvaranted prof they gave a Heless rep, "tis under proces’. The Commision finds reason in complainars"agurert hat rder process a camouflage fo hing infomation af was no complaree of FAO. ti relevant hore to quote the sentence inthe exer of FAA: “Te PIO i raced ogo the comple and rope reply wth erence 1 G No 2.3 an ‘om Nursing Home Cel an pow tone apelin wthin 10 days" INsne the CPIO nor the concerned head of Nursing Homes OF RN Des have dane anything to give the complete and proper infomation win 10 myTeyspant whale ofthe year 2016 winout ging proper ans complete ntormation, fhe CPIO retested tat he entre informa ‘anna be gvan atl decison was not akon rn abut recovery under grocess before the comms bout status of implementation ‘ojfhan the Commission repeated pind out tat the RTI Act had nt provided any excepton that infomation need net be provide the mater was Under processor cons Gestion by higher autores, thre was no answer. priginal RTI Applicaton was mado on 3oth Ocisber 2013, to which CPIO respended only by later dated §.12.20'3 ard anther part came on an2o4, ihe RT point No, 2 (dota of Chat Accountant repats about hose, interim repr and al ropa), No, 3 epi wise infomation enasing ‘easons fof dla if ho iri repr isnot rocsived within paris mo Le, one morih, ans under por No. 4 he sought inspection of lls which ‘as rot compote ll this day. Regarding thee tree aspects of hls RI applica, the comaa is tat ther was ether ly, donal or incomplate infraton oo ‘The purpose and puzport ofthe RT! application and oar of FAA wos lo give a facial inepetion about acon taken ard about reasons for he tremmous day, anaworing wich was also not done sa, They neh answered Keraly the questions nor adsastod the banc su ft questo, “The nt only dyin nglomentation of te court ord bt also lay nfs he fran about 8 Though thre wore last inte responts, thre va no giving of suet nfrmaton. Aer show cause nbc wae sue by the Commission he {PIO wrote alter to complainant on 812015 offorng ipecton ofthe emsaring Heslocorde as avaible with sem. tT oct hat CPIO was tlering inspection of remsning Hes cons allegation of complainant that pope infomation was at ven. LBoth the CPIO and desmed PIO, Dr. RN Das explained fr bog showing the causes tke they we not members of spcil commie’, they ware ‘ony working tke post oftees, thoy ware nat having flee fom oer eer cluding higher fees’ ahd raat inpartarly tat they coud nt give Intraton because Iwas unde ‘process’ by others, Wn page S5C of the bunch of papers gan on 12th Jan 2015, document dated 302.2014 says itr rar of autor was gven before 16.8.2043 ‘2d final epost was under eoraiderton before the Spacal Conia, They nelle give date of nal report na contents of ‘WN autnoty 1 exlatning what's he ter or time imi given tothe Special Cmmitse to complete ts task, can i o on fr years whut acing srything,norto say when they would decide ‘The Commission observes that RT question povided them a reason to ac, but thy chose to pay wh i by giving incomplete an legal responses tke under consideration by special committee ‘hen onder RT Acts nots arto exerotelosue of statue of mplementaton, Fit appeal noe 8 ‘waning orto respondent authnty fo ct bt Way rtused te. Filing complaint bates CIC was yet anctor waming. As pe ths exstig edo, the Complaint detod10.2.2014 was posted on 23122014. Toy gt fll fn month to ac, which tho aspondont autores canvenslly ignored and on ‘Pat ay Mr RN Das ropesonied the CPIO and pubis author wih eloqantargumen: tying 1 Ne lack of wil o act and lthagy besaes dolying tactics In orforcing to Oa High Cout ort {Oni aftr stam warning under show cause ratce was issues by Commission he brought sever fs along with the CPIO on ths day of hea. “Trough theres an improvorent in atvty thre wat no information supp ether to Commission or he complanars. Only postive pois that thoy 289 now reaty to show cocan Charred Accountant reper, which they wet on fusing tll nw under uracoeptatle protons _2iAter show cause notice dated 31.12.2014, the inspocton was offered to complanat, whore he rpsted that he was informed that CA reports an fats fes war ih aw Departmen special conmites, Ina complain he Commission has o consier whether ecmpliined noncomplance Ws a> ‘enol, Ti efter prot af noacomglianes of FAS ode dated 391.2014 which gave 10 Saye for compliance, rma Set oe PA woe to sR oe apo gto ca rN 7. Tha Commission absarves the Depatmant of Heath Savvices should serve th hath naads of the poor and nol Ihe pot generating vale hosp wich ate esching the condtans Io seve the poor The usc autory shold ramembe! thal They ee supposed to protect the pulse taney to be ealectd rm these hosplas, a8 per Ine High Cout ord and norma dnd any delay Yacovery lo of revenue beng coed to the pcp and otha extant tis sbdcalon of tha espe. 8. The Commission tds Inona dey in imslemeniation of Cour Orr by the Puble Auhorly Beyond 7 year and fds no rey of hope ot Implantation i the near futur, Ente tot of the PIO and deemed PIO let ids tis delay or uty wih lame excuses, The top oto ofthe tpilwww.iteundationotnda.comidsclosure-actiontaken-against-privae-hospitalst 28aren tpilwww.iteundationotnda.comidsclosure-actiontaken-against-privae-hospitalst - Disclosure of action taken againt private hospitals which breached the coneilion of serving EWS pias fea of cost & information abou the rece rellected le rosing ofthe deparnent wher n they are unnecessary sending the fle o log courte or aise an hon Yo Law Depart or ‘pinion. Sevral times they have sant Sack th la saying ‘administration hast lake a decision tis cea thal the ofiers eluding deemed PIO are ‘eral of stration about it Aer Pearing both the complsinant and vespencert aficers and seeing several Tes shown by then, the Commission ‘Napects a vested intrest and cerutonbetind elay ted deal of informain, which nea tobe probed. Under Section 18(2) the Gonmssion Saad hal there are resonable grounds (a inqdre nto ts mfr. Under Section Tox) te Cormmision ecu the pubke autho to ing fo the matter as that foctstes in the apon ofthe Commasion to secure complance wih te prowsions ofthe RT Act The RTL appeal ans Is empait cum second appeei shuld have made the Oeeiorate of Health Services accourtabie to the pele and anewerable abou nc inaction ad emmsssion the esl f equ 9 the Tom ofan fide, bees giving reasons why Te publ auton ala To act ae wy es being sts 10. Tho RTI Actin section 20 provided special that he CIC oF SIC can penalize the CPIO or Stale PIO fr nat ian without ty reaonable case. Tne CIC hes no power to deal wth any ata acer other than PIO uvess fads somanne te answer Secaute ne eld te ination. AS Medal Superintendent of Nui Homes Or RN Das was ene nkied fies who did not fish iforalion aught in tha case apparently. The role of thers as not come open, Tha indeclon ar nafatence ofthe higher effets or department ge 9 wha ot provided with 'an excuse rather under Seaton 8 notin any ether prowsien of the RTI Act. The CPIO oe deemed PIO represen the ene Department forts iniference and inacton, hence the Commission tas so ther way excep o pose maxinum pesaly onthe CPIO ard deemed PIO, DF RIN Das for ther miserable falureinfunishing the svomali in pte af the decon by tha gm senor few the Fest Appalte Author 11. The Commission recommends the puble auhorty 10s th dscptnay action against the CPIO end Deemed PIO Dr. RN Das based on the 12. view of huge public ntrast inal inthis mtr, the Commieson conser ae second appeal for complance of orders of FAA and cxercising ts powers under “0(2))of RT! Act, the Commission requres Dr NV Kamath, the Deco. Health Services Departmert, who ssUed show Cause ntces to Nursing Hames to axlan what acton was taken ater thosanetaee in he farm of ava, tosis ging asane wn the pul ‘hor fale fo act and wy fs bengshutlosBetwoen the standing councel, daparmer flaw and neacqarers, taugh the Law Deparmen has Specialy state that adnate acten shoud be taken sna whan they would Bein a postin to intate ary substantive action fo implement Hole Dal High Cours’ order ivan n 2007, itn 2 day rom te date recat of hs cde. 12, Toa Commission dects the CP1O and Or RN Das, Madical Susrnendent Nursing Homes to iv ced copies f fla natngs on inslementation ‘ot judgrant oF Delhi High Cou, comprehensive ‘action taken repo on taeda an report expling te seneme fo ono be taken win one month, tothe appellant ans the Commission 14. Tho Commission, hance, imposes Rs 25,000 as maximum ponaty against Dr Ly Gangrelthe CPIO for not furishing comple infront re appalant a drectod by FAA oven alr 10 month instoas of ging itn on days a erdored by FAA 15. The Commission also imposes Rs 25,000 as maxim pealy agains! O° R N Das the charge MS for Nursing Homes for nal giving information in ‘ime in comptance wis the ors of FAA unt 8,7 2085 MS fe Nursing Homes by way of Oamand Draft dwn in fevur of "PAD CAT. in 5 equal monthly instalment The fst instalment shoe teach the Commission by 02né March, 2015 and the ast staient shoul rch by 2nd wily, 2015, The Demand Draft shouts be sent to Shr Shant Pri Beck, Joint Secretary & Addltional Registrar Central Information Commission, Bikali Cama Place, August Kron Bhawan, New Delhi 110 0 (Srna Acharyulu) Information Commissioner Cation: Sh Rakesh Kumar Gustav. Decora of Heath Servioes GNCTD in Fl No.ClCrSA/C/20 4000223 ‘Share your comments with RT| Foundation of india, aasur of action taken agains private hospitals which breecnad the concn of serving EWS patients free of cost & information abou the recov. an82016 - Dis Acknonedgement | Contact us | Copyright & Disclaimer Make your homepage tpitwww.iteundatinotnda.comissclosure ation taken-against-privae-hospitalst 4a