The CIC directed the PIO of Delhi's Health Department to ensure that details of beneficiary patients from the EWS treated in private hospitals are displayed on the website each day. This is the 84th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) of Directorate of Health Services from the Government of National Capital Territory of Delhi (GNCTD) to publish information about patients from the economically weaker section (EWS) treated by private hospitals, which were allotted land at concessional rates by the authorities.

While giving this judgement on 17 September 2010, Shailesh Gandhi, the then Central Information Commissioner said, “The appellant appears to be guided by general public interest and a desire to ensure that EWS citizens get their benefit in private hospitals which are supposed to keep beds for people who are from economically weaker sections.”

New Delhi resident Dinesh Kaushik, on 23 January 2010, sought information under the Right to Information (RTI) Act from the PIO of Directorate of Health Services in the GNCTD. Here is the information he sought and the reply provided by the PIO...

1. Please provide me list of all hospitals which are provided land on subsidized rate by the Delhi Development Authority (DDA) and should provide free treatment of poor patients.   

PIO's reply: The reply of this question pertains to land allotting agencies i.e. DDA. However; the list of the private hospitals/societies to whom land allotted on concessional rate, provided by DDA to this Directorate had been provided as Annexure-I.

2. What should be the percentage of economically weaker section (EWS) patients treated in this hospital?       

PIO's reply: As per the high court judgment dated 22 March 2007 and order dated 17 July 2007 in the matter of Social Jurist V/s GNCTD in WPC No2866/2002, the private hospitals to whom land allotted by DDA and L& DO on concessional rate are supposed to provide free treatment on 10% of total indoor beds and to 25% of total OPD patients, to the EWS category of patient whose total family monthly income is up to Rs4,000.

3. What documents a patient has to submit to avail free treatment from such hospitals?         

PIO's reply: No document, only an undertaking Performa regarding family income which will be provided by the concerned private hospital to be filled by the patient. Copy had been provided (Annexure-II).

4. How many hospitals have been served a notice for not providing free treatment to EWS patients in the last six months? Please provide complete details.      

PIO's reply: As per available record, the total complaint received w.e.f. September 2009 to 24 February 2010 are 16.

Detail is as below: Case closed - 6 Under process -10.

In addition to above, the OPD and IPD achievements prepared on the basis of monthly report/quarterly report sent by identified private hospitals has been compiled and sent to various Govt. agencies ( Delhi Govt. L & DO and DDA) after perusal and approval of Principal Secretary (Health) and the Minister of Health, every month and every quarter, for information and necessary action, Approximate 4 identified private hospitals are being inspected by Monitoring committee twice in a month followed by physical inspection of the indoor beds, private OPD, referral desk in the reception area are conducted.

Based on the deficiencies found during the inspection, they were noted by Medical Superintendent of the concerned hospitals being member of the committee followed by deficiency letters issued to those hospitals for necessary compliance.

5. Please provide name, address and telephone number of special committee constituted for the purpose of providing treatment to poor patients. When the last meeting of this committee was held? Please also provide copy of minutes of last meeting of this committee. 

PIO's reply: No special committee has been constituted for the purpose of providing treatment to poor patients. However, an inspection-cum-meeting of monitoring committee of Government of Delhi under the chairmanship of JS Mohanty has been constituted to monitor the free treatment activities being undertaken by the identified private Hospitals. The following are members:

1. Ashok Afloarwa, Advocate (Member of Monitoring Committee and inspection Committee), 483, Lawyer's Chamber, Delhi High Court, New Delhi-110053.

2.Dr Ashok Kumar, Medical Superintendent (Nursing Homes-II, Member of Monitoring Committee) F-17, Karkardooma, Delhi.( Ph. No 2230733).

3) Medical Superintendent, (Member of Monitoring Committee) or his representative, St. Stephen's Hospital, Tis Hazari, Delhi -6

1) Medical Superintendent (Member of Monitoring Committee for respective hospitals only).

6. Please provide name and address of hospitals which have not created special referral centre for poor patients till to date.       

PIO's reply: Out of 38 identified private hospitals, three private hospitals have created special referral centre for EWS category of patients and three identified private hospitals namely St. Stephen's Hospital at Tis Hazari, Rajiv Gandhi Cancer Institute Research Centre at Rohini and Mool Chand Khairati Ram Trust & Hospital at Lajpat Nagar have not created referral desk and they appeared in the high court. The matter is sub-judice.

7. What action has been taken by your department against hospitals, which have failed to create special referral team?    

PIO's reply: In view of above the matter is under sub-judice.

8. Please provide me name, designation, address, telephone number and email address of special referral centre created in Din Oval Upadyaya Hospital, New Delhi. PIO's reply: As per available record D Vijoy Kumar is the nodal officer of Din Dayal Upadyaya Hospital, New Delh. Phone No25494337

9. Please provide me details of poor patients referred to private hospitals by Din Dayal Upadhaya Hospital in the month November and December 2009 and January 2010. Please provide details on day-to-day basis.   

PIO's reply: Reply awaited from the hospital.

10. How many form 1-C have been submitted by Din Dayal Hospital to OHS in the month of November and December 2009 and January 2010?  

PIO's reply: Reply is awaited from the concerned hospital.

11. Please provide me name and address of all the patients for whom form 1-A was prepared in the month Jan 2010 by Din Dayal Upadhayaya Hospital.         

PIO's reply: Reply awaited from the concerned hospital.

12. Please provide patients of patients treated by Mata Chanan Devi Hospital in the following format for-the month of Jan 2010.

PIO's reply: The copy of the reply received from Mata Chanan Devi Hospital, Janak Pur, New Delhi had been provided to the appellant (Annexure-IIl). However, as per the monthly report earlier submitted by Mata Chanan Devi Hospital , the information is as below:

1. Total No. of OPD patients: 2,860 Total No. of IPO patients: 1,689

2. Total No. of EWS patients treated: InOPD-784 and In IPD - 29.

3. Regarding expenses incurred on EWS patients, no such records are maintained in this cell.

13. Please provide name and address of all the patients admitted in Mata Chanan Devi Hospital under EWS category in the month of Jan 2010 along with date of admission and discharge.   

PIO's reply: The copy of the reply received from Mata Chanan Devi Hospital, Janak Purl, New Delhi had been provided to the appellant (Annexure - III).

14. I would like to inspect the records of Mata Chanan Devi Hospital related to EWS patients treatment under section 2(j)(i) of RTI Act. Please provide me suitable date and time when this inspection can be done. I should be permitted to take my digital camera and take photos of documents of my choice. 

PIO's reply: The copy of the reply received from Mata Chanan Devi Hospital, Janak Purl, New Delhi had been provided to the appellant (Annexure - III).

15. I would also like to inspect the records maintained by Din Dayal Udadhaya Hospital related to treatment of EWS patients under RTI Act 2005. Please intimate me suitable date and time for this inspection.

PIO's reply: Reply is awaited from the concerned hospital.

16. Please provide me name and address of First Appellate Authority (FAA) which should be approached in case the reply received from you is incomplete or unsatisfactory.   

PIO's reply: Dr B Monhanty, Addl. Director (M), Directorate of Health Services, Karkardooma, Delhi-32.

Not satisfied with the reply, Kaushik filed his first appeal. In his order, the First Appellate Authority (FAA) stated that “Chief medical officer (CMO) of Nursing Home Cell told that the above information was not available and is also not bound to maintain the above mentioned record in this Directorate. Moreover the Medical Superintendent (MS) at Mata Chanan Devi Hospital was directed to provide the information to the applicant. The MS did not provide the same on the reason that patients had restrained the hospital from disclosing about their status".

Not satisfied with the reply of PIO and order of FAA, the applicant then approached the CIC with his second appeal.

During the hearing, Mr Gandhi, the then CIC, noted that the appellant (Kaushik) appears to be guided by general public interest and a desire to ensure that EWS citizens get their benefit in private hospitals which are supposed to keep beds for people who are from economically weaker sections.

He then directed the PIO to provide following information to the appellant about Mata Channan Devi Hospital, Janakpuri.

Names and address of patients admitted in the EWS category in January 2010 with their bed number.

The Commission also directed the PIO to ensure that the details of beneficiaries of the EWS patients in private hospitals are displayed on the website each day in the following format:

Name of the Hospital

“This will be displayed on the website of the public authority every day from 1 October 2010 onwards. This is being ordered in compliance of Section-4 of the RTI Act,” the CIC said while allowing the appeal.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/SG/A/2010/002152/9403

https://ciconline.nic.in/cic_decisions/CIC_SG_A_2010_002152_9403_M_42356.pdf

Appeal No. CIC/SG/A/2010/002152

Appellant                                            : Dinesh Kaushik

                                                            New Delhi -110059.

Respondent                                        : Dr G Kausalya

                                                            Public Information Officer & Chief Medical Officer

                                                            Govt. of NCT of Delhi,

                                                            Directorate of Health Services,

                                                            CMO, (NFSG), Nursing Home Cell,

                                                            F - 17, Karkardooma, Delhi - 110032.