Moneylife: Pune: Thursday, 20 June 2024.
As volleys went to and fro
between Delhi’s Artemis Hospital, the RTI applicant and the central public
information officer (CPIO) of the director general of health services (DGHS) in
Delhi, regarding the issue of Artemis Hospital as a public authority and the
reluctance of the CPIO to provide information on the validity of its license,
the central information commissioner (CIC) last week prevailed on the CPIO to
provide the necessary information and slammed two of them with a show-cause
notice.
Well-known RTI activist Subhash Agrawal represented his family member Sanjeev Kumar whose wife had been admitted to the hospital for two days, resulting in an exorbitant medical bill. Mr Kumar had sought information on the copy of the valid license issued by the DGHS or any other public authority and whether it held that license when his wife was admitted on 7th and 8 April 2023. This information was important against the background of a huge bill which may have occurred as there is no public controlling authority in the absence of a mandatory license to run it.
At the CIC second appeal hearing on 13 June 2024, activist Mr Agrawal pointed out that the hospital lacked a valid license during the hospitalisation of his family member’s wife on 7th and 8 April 2023. He reiterated that no hospital can be granted a license retroactively (which the CPIO defended) and that any such license issued later with a backdated effect is an attempt to shield the hospital from accountability for its malpractices.
Mr Agrawal also ruled that, despite multiple reminders for disseminating the required information, the CPIO did not respond. Hence, he requested CIC Vinod Kumar Tiwari to direct the CPIO to provide accurate information free of charge, in accordance with section 7(6) of the RTI Act. Mr Agrawal also stated that he should be penalised and sought compensation for the exorbitant medical bills his family member had to pay due to the CPIO’s inordinate inaction.
CIC Tiwari pointed out that the applicant’s main concern was the lack of correct information from the CPIO and the alleged arbitrary practices by Artemis Hospital in raising unjustified bills and the hospital’s routine practice of backdating license renewals.
Although the CPIO argued that the hospital's registration was deemed valid during the application process, CIC Tiwari found contradictions between the CPIO's initial replies and their statements during the hearing.
CIC Tiwari, in his order, issued a show-cause notice to the former PIO, Dr Nitin Kumar, and the current PIO, Sandeep Kumar Agarwal, asking why punitive action under section 20(1) should not be taken and why compensation should not be awarded to the RTI applicant. Both PIOs have been ordered to submit their written statements within four weeks of receiving the order.
In addition, CPIO Agarwal has been directed to provide a revised, point-wise reply with updated information, free of charge, within four weeks. CIC Tiwari has also asked the RTI applicant to submit detailed documentation of his compensation claim within four weeks.
The RTI application:
Well-known RTI activist Subhash Agrawal represented his family member Sanjeev Kumar whose wife had been admitted to the hospital for two days, resulting in an exorbitant medical bill. Mr Kumar had sought information on the copy of the valid license issued by the DGHS or any other public authority and whether it held that license when his wife was admitted on 7th and 8 April 2023. This information was important against the background of a huge bill which may have occurred as there is no public controlling authority in the absence of a mandatory license to run it.
At the CIC second appeal hearing on 13 June 2024, activist Mr Agrawal pointed out that the hospital lacked a valid license during the hospitalisation of his family member’s wife on 7th and 8 April 2023. He reiterated that no hospital can be granted a license retroactively (which the CPIO defended) and that any such license issued later with a backdated effect is an attempt to shield the hospital from accountability for its malpractices.
Mr Agrawal also ruled that, despite multiple reminders for disseminating the required information, the CPIO did not respond. Hence, he requested CIC Vinod Kumar Tiwari to direct the CPIO to provide accurate information free of charge, in accordance with section 7(6) of the RTI Act. Mr Agrawal also stated that he should be penalised and sought compensation for the exorbitant medical bills his family member had to pay due to the CPIO’s inordinate inaction.
CIC Tiwari pointed out that the applicant’s main concern was the lack of correct information from the CPIO and the alleged arbitrary practices by Artemis Hospital in raising unjustified bills and the hospital’s routine practice of backdating license renewals.
Although the CPIO argued that the hospital's registration was deemed valid during the application process, CIC Tiwari found contradictions between the CPIO's initial replies and their statements during the hearing.
CIC Tiwari, in his order, issued a show-cause notice to the former PIO, Dr Nitin Kumar, and the current PIO, Sandeep Kumar Agarwal, asking why punitive action under section 20(1) should not be taken and why compensation should not be awarded to the RTI applicant. Both PIOs have been ordered to submit their written statements within four weeks of receiving the order.
In addition, CPIO Agarwal has been directed to provide a revised, point-wise reply with updated information, free of charge, within four weeks. CIC Tiwari has also asked the RTI applicant to submit detailed documentation of his compensation claim within four weeks.
The RTI application:
- Regulatory public-authority for Artemis Hospital (A-1, New Friends Colony, New Delhi- 110025) mentioning date of first issue of license to the said Artemis Hospital by the said regulatory authority .
- Had the said Artemis Hospital valid license issued by DGHS and/or any regulatory public-authority on the dates of hospitalization (07.04.2023 and 08.04.2023) of my wife Smt. Shikha Aggarwal.
- If yes to (2), provide a copy of the license with validity of 07.04.2023 to 08.04.2023 from the concerned regulatory authority to the said Artemis Hospital.
- If no to (2), complete and detailed information together with all related documents/correspondence/file-notings etc. on action taken against the said Artemis Hospital for continuing hospital and medical treatments on 07.04.2023 and 08.04.2023 without having a valid license.
- 5. Please provide me complete and detailed information together with all related documents/correspondence/file-notings etc. on action taken on my complaint dated 06.06.2023 lodged at CPGRAMS portal (copy enclosed) either by DGHS and/or by any authority where the said complaint might have been forwarded.
- Relationship of Claim Therapist with the said Artemis Hospital for cashless hospital- treatment.
- Year-wise number of cases settled by Claim Therapist in respect of the said Artemis Hospital ever since the said Artemis Hospital started its hospital-activities.
- Copies of complete correspondence by the regulatory authority with the said Artemis Hospital in respect of my enclosed complaint.
- Names of doctors for which hospital-authorities charged fees in respect of treatment of my wife Smt. Shikha Aggarwal clearly mentioning part of charged fees (a) paid to concerned doctors (b) retained by hospital-authorities.
- Complete information on preventive steps taken by the concerned regulatory authority to ensure that the said Artemis Hospital may not cheat patients/attendants in the manner I was cheated in respect of treatment of my wife Smt. Shikha Aggarwal.
- Any other related information.
- File-notings on movement of this RTI application.
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