In a landmark recommendation, the Central Information Commission (CIC) has emphasized the need to bring private entities providing essential public services under the ambit of the Right to Information (RTI) Act. This proposal aims to ensure greater transparency and accountability in the operations of private institutions delivering critical services such as healthcare.
The recommendation, made by Information Commissioner Vinod Kumar Tiwari, comes in response to a case involving an RTI applicant who sought information about a private hospital accused of issuing exorbitant bills and benefiting from questionable licensing practices.
The Case That Sparked the Recommendation
The matter originated with an RTI application filed by Sanjeev Kumar, who approached the Delhi government’s Directorate General of Health Services (DGHS) inquiring about the licensing details of Artemis Hospital. His wife underwent treatment at the hospital in 2023, and he was reportedly presented with excessive and unjustified bills.
Kumar’s 12-point RTI application sought comprehensive information about the hospital’s licensing procedures and related practices. Dissatisfied with the response from the DGHS, he escalated the issue to the Central Information Commission, seeking intervention.
Allegations of Arbitrary Practices
During the hearing, Information Commissioner Tiwari observed several troubling practices. Among them was the retrospective renewal of licenses issued to private hospitals by the DGHS. This backdated licensing practice, Tiwari noted, could enable hospitals to avoid accountability for malpractices identified during the renewal period.
“The core contention of the appellant was the non-receipt of correct and accurate information from the Public Information Officer (PIO) and the arbitrary practices adopted by Artemis Hospital in raising unjustified demands or bills during hospitalization. This situation was facilitated by the respondent’s (DGHS) clandestine practice of renewing licenses with retrospective effect as a matter of routine,” Tiwari remarked.
CIC’s Observations and Recommendations
Highlighting the importance of transparency in entities providing essential services, Tiwari recommended a state-specific amendment to the RTI Act. Such an amendment, he argued, would classify private bodies delivering critical public services as “public authorities” under the Act, thereby subjecting them to the same transparency obligations as government bodies.
This move is seen as crucial for ensuring that private institutions, particularly those in the healthcare sector, are held accountable for their operations and financial dealings.
Implications for the Healthcare Sector
If implemented, the CIC’s recommendation could have far-reaching implications for private hospitals and other essential service providers. These entities would be required to:
- Disclose Operational Information: Hospitals would need to provide details about their licensing, financial practices, and patient care policies.
- Address Complaints Transparently: Patients and their families could access detailed information on billing practices, ensuring they are not subject to unjustified charges.
- Enhance Accountability: Retrospective licensing, as identified in this case, would come under greater scrutiny, discouraging malpractice and improving regulatory oversight.
A Broader Call for Reform
This is not the first time the CIC has addressed transparency in private healthcare. In 2015, the Commission directed the central and state governments to ensure private hospitals provide patients with medical records daily and comply with RTI provisions. The latest recommendation reinforces the need for comprehensive reforms in how private entities manage and disclose critical information.
The CIC’s observations in this case underscore the urgency of extending the RTI Act to cover private entities providing essential public services. Such a move would serve as a deterrent against malpractice, promote transparency, and ultimately protect the rights of citizens. By bringing these institutions under the purview of the RTI Act through state-specific amendments, the government can ensure that private entities prioritize public welfare over profit-making, creating a more accountable and equitable system of service delivery.
