Straight from the Heart:
Government Policies Influenced by IMA so far
Dr
KK Aggarwal
National
President
·
NABH has recognized IMA as facilitator
for its pre-entry level NABH accreditation certification.
·
IMA has been able to halt the PM’s
announcement to write drugs without brand names.
·
IMA has been able to halt the government move
to allow pharmacist to substitute drugs.
·
IMA has opposed online pharmacies.
·
IMA has been able to halt the MTP Bill
allowing AYUSH doctors to perform MTPs.
·
IMA has been able to halt, so far, the government’s
alleged efforts in allowing technicians to run diagnostic labs and
sign the reports.
·
IMA drug policy of ‘one drug- one
company-one price’ has been accepted by government in principle.
·
IMA persuaded the government to
raise the age of retirement to 65 years for EHS doctors and
later extend it to other categories of doctors.
·
Kerala state has included ‘Noise &
Health’ as a chapter in the 8th standard syllabus
on the initiative of IMA NISS.
·
Delhi can now avail free MRI, CT scan, PET scan
tests at 21 private laboratories. The residents are required to show
referral letter from the selected 30 government hospitals or 23
state run polyclinics to avail the free service.
·
IMA, has time and again demanded to
disperse fund for treatment of trauma victims during the golden hour
rather than giving compensation after 5 or 6 years. IMA also suggested ways and
means of mobilization of the fund for this purpose, besides asking the insurance
companies to make the payment. One suggestion for fund mobilization
was as follows: CSR funds should be made to pool to a central corpus fund
and not be allowed to get fragmented by giving responsibility
to the companies itself. For example, Govt. may plan a corpus for trauma
care and companies may be asked to contribute half of their CSR contributions
to the same. The Road Transport and Safety Bill 2015 and
Road Traffic Accident Act 2016 were passed in the Parliament,
2017. The following clause in the Road Transport and Safety
Bill 2015 is a great victory to IMA’s demand on trauma care.
THE ROAD TRANSPORT AND SAFETY BILL,
2015: Scheme for Golden Hour ‘141. (1) Notwithstanding anything
contained in the General Insurance Companies
(Nationalisation) Act, 1972 or any other law for the time being
in force or any instrument having the force of
law, the insurance companies for the time being carrying on
general insurance business in India shall provide in accordance
with the provisions of this Act and the scheme
made under sub-section (2), for treatment of road crash victims
during the Golden Hour”. “(2) The Central Government shall
make a scheme for the cashless treatment of victims
of the road crash during the Golden Hour and such scheme may
contain provisions for creation of a fund for such treatment. Refund
in certain cases of compensation paid under section140”.
·
May 06, 2017: Allahabad: Concerned
over the acute shortage of doctors, the state government
has decided to rope in private doctors, including specialists, to treat
patients at government-run district hospitals as well as community and primary
health centres across Uttar Pradesh. Select states like Karnataka have
in the past managed to introduce such a system effectively.
“Indian Medical Association will act as our facilitators
for the initiative and it would be in coordination with its
office-bearers that we plan to work out a duty roster for these doctors who
volunteer for the task,”
·
Jaipur: Facing acute shortage of
specialists, the state health department has selected 273 MBBS
doctors for second batch of one-year certificate course of specialization
in 10 different specialties: orthopedics, emergency medicine, ENT, obstetrics
& gynecology, pediatrics, pathology, radio diagnosis, anesthesia,
ophthalmology and general surgery. The first batch of 233 MBBS
doctors have already completed their certificate course of specialization and
got postings in trauma centers, maternal and child care units, community health
centers and district hospitals as specialist doctors. Existing government
medical colleges offered the courses. MBBS doctors with
certificate courses have signed a bond of Rs. 25 lakh. (MBBS doctors can
practice as specialists)
·
E-mail received from Principal
Secretary for Health & F.W. Dept: Govt. of Karnataka has strongly suggested
that if IMA Karnataka can give the list of Doctors, who are willing
to work in PHC’s then AYUSH doctors shall not be appointed in
these PHCs
·
Medical Wellness Board meeting: Focus
on domestic medical tourism and IMA recognized centres where patients
can undergo treatment at fixed charges including complications, would be set
up.
·
Both President India and Prime Minister
of India condemned violence against doctors
·
Government of Gujarat announced
new health policy 2016 inviting involvement of private sector in
health care
·
Bombay High Court 77 of 2015: Adequate
security at hospitals, not more than two attendants of a patient will be
allowed to enter the hospital through the main gate.
·
IMA has been able to implement introduction
of stents and ortho devices in NLEM
·
IMA has been able to get a white paper made
on Indian Medical Services with MCI
·
IMA has been able to get IMA- WHO
workshop on AMR and making of an IMA AMR policy
·
IMA has been able to pursue the Dept. of
Pharmacovigilance Programme of India (PvPi) to make IMA as nodal centre of
IMA pharmacovigilance department.
·
IMA was able to pursue Delhi Government
in closing the schools during pollution epidemic
·
IMA was able to get Delhi High Court to take
up the matter regarding Delhi pollution and organization of
Delhi Marathon.
·
IMA challenged the WHO and Lancet report
on pollution causing premature deaths.
·
Delhi High Court suo moto involved IMA on the issue of violence
against doctors.
·
IMA made NCERT change its chapter on
health service where they had made derogatory writings on private health care.
·
IMA was able to influence timely release of payments
for oxygen after the Gorakhpur tragedy.
·
IMA was able to have CGHS release part
payments due to various CGHS empanelled hospitals.
·
IMA was able to get a clarification from IRDA that
post breast cancer mastectomy is not a plastic surgery and that Crohn’s disease
is not an autoimmune disorder.
·
IMA was being able to
halt the start of NEXT so far.
·
IMA was able to halt the conversion
of MCI to non-democratic NMC.
·
IMA was able to get the MCI revert
to its earlier decision of age bar for NEET exam.
·
IMA was able to pursue MCI for making a centralizing
number of IMR.
·
IMA was able to reinitiate Dr BC Roy National
Awards.
·
Under the new health
policy, the health budget will increase from 1% to 2.5% of
GDP
·
IMA was able to get health care services
out of GST.
·
NACO started test and treat
HIV policy.
·
IMA GTN Policy: GeneXpert in every TB
case, trace all contacts and notify all TBG patients
·
IMA was able to introduce Depen and Pentids after
their shortage in the market.
·
IMA was able to roll
back the suspension of AIIMS residents after a strike following
the death of a nursing student at AIIMS.
·
ICMR has set up a registry of rare
diseases. A disease is defined as rare when it affects less than one in
2,500 individuals. Over 70mn Indians suffer from such disorders and live
with them throughout their lives. There are only 500 FDA-approved drugs for
over 7,000 rare diseases globally. The health ministry is currently
discussing a draft policy for treatment of rare diseases. This is what I
spoke in my Presidential address.
·
In my presidential address at central council
meet, I had said, “We also want the Ministry of Health to declare an Epidemic
or Disaster Fund aimed at providing free services to all affected. The government
announces ex-gratia grant to the families in case of any flood,
fire, or train mishap; the same should be announced for any death during the
epidemic or for any calamity in the family.” Now NCDRC has
held that a malaria death caused by mosquito bite is an accident, and
directed the insurer to honor its policy to a widow. (The same will
be applicable to dengue deaths also). The commission also cited
Black's Law dictionary that describes an accident as "an unanticipated and
untoward event that causes harm".
Pradhan
Mantri Suraksha Bima Yojana covers accidental death and disability cover
of Rs 2 lakh at a premium of Rs 12 per year. The benefit of
accidental insurance cover of Rs 1 lakh is also extended to all with accounts
under the Pradhan Mantri Jan Dhan Yojana (PMJDY) launched
on August 28, 2014 by Prime Minister Narendra
Modi. The premium for the insurance cover is borne
by the National Payments Corp of India.
·
Death due to negligence is an accident:
NCDRC, LIC vs Shri Narender Singh on 2 July, 2012: Revision Petition No.
2056 of 2012: Justice J. M. Malik: The word accident is
derived from the Latin verb “accidere”
signifying fall upon, befall, happen, chance, in its most commonly accepted
meaning. According to Webster’s dictionary, accident means (1) an unfortunate
incident that happens in unexpectedly and unintentionally, typically resulting
in damage or injury (2) A crash involving road or other vehicles, typically one
that causes serious damage or injury. According to free online dictionary,
accident means an unexpected and undesirable event, especially one resulting in
damage or harm car accidents on icy roads. According to business dictionary,
accident means in general, an unplanned, unexpected, and undesigned (not
purposely caused) event which occurs suddenly and causes (1) injury or…
According to Oxford dictionary, accident means a thing that
happens, an event, an event that is without apparent cause or unexpected; an
unfortunate event, esp. one causing injury or damage, Chance, fortune, an
unfavourable symptom, a casual appearance or effect, an irregularity
in the landscape.
Admittedly, the life assured died during an
operation by the treating doctors for the treatment of her
tubes. Thus, the injury to the life assured was an accident
caused by outward, violent and visible means and therefore, the Life
Insurance Corporation of India cannot be absolved from its liability
to pay the accidental benefits to the complainant.
Last but not the least, some distinction has to be
drawn between the accidental death and natural or normal death.
Learned counsel for the petitioner did not pick
up the conflict with para 7 of the complaint noted
above. The absence of anaesthetist before the operation
puts the case of the complainant in an impregnable
position. Without calling the anaesthetist the
·
IMA was able to
get the Inter-Ministerial meeting recommendations finalized.
·
IMA was able to
change the perception that mobile towers are linked to
cancer.
·
Dr RK Gupta IMA Member form Bilaspur CG State
got relief by High Court. He was accused of 13 deaths in the female
Sterilization camp organised by Chhattisgarh health department in year
2014. He was arrested during initial phase as accused. IMA CG State
helped him in legal battle. The high court pointed
out substandard drugs (spurious drugs) used during the operative
course as cause of deaths and not the operative procedure.
·
IMA met the West Bengal Chief
Minister and was able to have her order to get all medical negligence cases to
WB State Medical council first and to have a redressal mechanism
within the hospital first.
·
IMA Karnataka was able to
pursue the government in modifying the Karnataka CEA.
·
IMA was able to get all the PCR van
police personal get trained in CPR in Delhi.
·
Now under-five child deaths in India will be
examined through minimally invasive autopsies to ascertain the exact cause
of death, which will benefit in districts like Gorakhpur where child deaths are
high. The under-five mortality rate in India stands at 50 per 1000
live births. The pilot project that will begin in January, 2018, at
New Delhi’s Safdarjung hospital, is a part of the global CHAMPS—
Child Health and Mortality Prevention Surveillance, project, wherein tissue
biopsies of the brain, liver, spleen and other tissues are taken in a
minimally invasive way.
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