LG orders ACB probe into registration of nursing homes

  • | Wednesday | 29th May, 2024

Taking a serious note of the recent fire incident where infants were killed in a fire in a hospital, Delhi Lt Governor (LG) V K Saxena on Tuesday ordered a probe by Anti-Corruption Bureau (ACB) into the registration of nursing homes in Delhi. Pointing out that the incident had put a serious question mark on ministerial responsibility in a matter directly related to health and lives of residents of Delhi, the LG has said even after a tragedy of this magnitude, which should have stirred the conscience of political leadership, I am disappointed that the Chief Minister and Minister have paid only lip service and given sound bites, finding alibis and shirking responsibility. dministration cannot be run on social media, nor by brushing such serious matters under the carpet. Citing the incident, he said there was sheer mismanagement, criminal neglect and connivance of government officials in granting / renewing registration of Nursing Homes.  Moreover, there was total absence of ministerial oversight in regulatory management of private health facilities in the city, that the tragic incident has made apparent, he said. In his note to the Chief Secretary, Saxena said, I have taken a very stern view in the matter. Though this is a transferred subject, in larger public interest, I am forced to step in, on account of the lack of seriousness on part of authorities entrusted with these responsibilities. The ACB probe will assess as to how many nursing homes are functioning without valid registrations and whether those which have valid registration are complying with prescribed norms as provided under Delhi Nursing Homes Registration Act, 1953 and the Rules made there under. Pointing out that the incident had put a serious question mark on ministerial responsibility in a matter directly related to health and lives of residents of Delhi, the LG has said even after a tragedy of this magnitude, which should have stirred the conscience of political leadership, I am disappointed that the Chief Minister and Minister have paid only lip service and given sound bites, finding alibis and shirking responsibility. Administration cannot be run on social media, nor by brushing such serious matters under the carpet. I am given to understand that there are 1,190 nursing homes, of which more than a quarter are operating without a valid registration. Also, there are many nursing homes in the city which have never applied for a registration but are still operating. Even those nursing homes, which have a valid registration, may not be meeting the safety and regulatory standards as prescribed in The Delhi Nursing Homes Registration Act, 1953 and the Rules made thereunder.  The very existence of such nursing homes that serve the poor and not so well off sections of the society, speaks volumes on the larger issue of severe lack of public health infrastructure in the National Capital as well.  This is a larger issue which has been left neglected, contrary to the claims in public domain, the LG said. He has further noted, In the matter at hand regarding the tragic fire in the nursing home, as detailed at para 116, the ACB is directed to undertake a comprehensive inquiry into the registration of nursing homes in the city to assess how many nursing homes are functioning without valid registrations and whether those which have valid registration are complying with prescribed norms as provided under Delhi Nursing Homes Registration Act, 1953 and the Rules made thereunder. The LG has directed that, It may be clearly ascertained during investigation whether the grant of registration or its renewal by the Health Department was done after 100 percent site inspection. Is there a proper check list to ensure whether the facility meets the requisite safety norms and has the medical infrastructure and professionals as provided under law? The ACB may also determine the connivance and complicity of concerned public servants of the Health Department and bring out the criminal misconduct and negligence in this matter. Apart from this, the Chief Secretary has been directed,to advice all District Magistrates to have a field verification done of their respective areas within two weeks to ascertain the actual number of functional nursing homes, which can then be compared with the list of the Health Department. This would give a sense of the magnitude of the problem and the extent of violations prevalent in the city. It has also come to my notice that even in this day and age, the registration procedure for nursing homes in Delhi is conducted manually, which leaves a lot of room for discretion, ambiguity and corruption. Chief Secretary may accordingly ensure that an online portal is made operational with all data of compliances, registration and validity, which is open for public scrutiny, the LG has added. Underlining the utter neglect of public health by the GNCTD and the Health Minister in the city despite the courts heavily coming down upon them, the LG has noted, I recall that the woeful state of affairs of  public health infrastructure in Delhi had forced the Honble Delhi High Court in Contempt Case ( C) 17/2019 and WP (C ) 9283/2018, to seek personal appearance of Health Minister and Health Secretary and had upbraided them for non-implementation of Clinical Establishment (Registration and Regulation) Act, 2010. In its order dated April 4, 2024, a commitment was given by the minister himself in Court that while the state government is preparing its own legislation on the subject, in the interregnum, it would be adopting the Central law in GNCTD in no later than 4 weeks. It is shocking to note that inspite of giving a personal assurance in High Court, Health Minister has chosen not to act on a matter of such public importance, even after nearly two months, risking contempt of court.

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