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Health Policy Issues and Health Programmes in ... - Amazon S3

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Public–Private Interaction <strong>in</strong> <strong>Health</strong>: <strong>Policy</strong> <strong>Issues</strong>they do not follow st<strong>and</strong>ard procedures <strong>and</strong> cause harm to patients by provid<strong>in</strong>g <strong>in</strong>adequatequality of service. In India, the <strong>in</strong>troduction of the Consumer Protection Act acknowledged therights of consumers. In addition, “paid for medical services” were brought under the Act. Patientscan now take matters to consumer councils (judiciary bodies of about 500 persons established toprovide speedy <strong>and</strong> cost-effective justice) for their grievances <strong>and</strong> <strong>in</strong>adequate quality of services.Do governments pay adequate attention to educate consumers? The consumer movement <strong>and</strong>advocacy groups are <strong>in</strong> their <strong>in</strong>fancies <strong>and</strong> have a long way to go <strong>in</strong> order to emerge as forces thatensure healthy practices from the private sector.Regulatory Mechanisms: Implementation ChallengeEffective regulatory mechanisms to regulate various aspects of private health care provision arelack<strong>in</strong>g. There cannot be a s<strong>in</strong>gle piece of legislation that can tackle all problems. Each stateneeds a set of effective regulatory mechanisms ensur<strong>in</strong>g that systems behave properly.Experiences across Indian states suggest that there is no systematic development of regulatorymechanisms. Implementation of whatever regulations have been promulgated has always beena problem, <strong>and</strong> implementation <strong>and</strong> enforcement of rules <strong>and</strong> regulations (wherever theseregulations have been adopted) is weak because of the follow<strong>in</strong>g.l With health be<strong>in</strong>g a subject for the state <strong>in</strong> India, response to different legislation has variedfrom state to state.l There has been a considerable amount of resistance from various constituents of the privatehealth care sector (particularly private providers) to accept, <strong>in</strong> pr<strong>in</strong>ciple, the applicability ofcerta<strong>in</strong> regulation to their profession.l Response of the medical profession to develop rules, norms, <strong>and</strong> various mechanisms forself-regulation has been poor.l Many pieces of regulation have not changed with the times <strong>and</strong>, therefore, have lost theirrelevance <strong>in</strong> the present-day context.l Private sector issues are not high on the public policy agenda; this, however, is chang<strong>in</strong>g fast.102There are many developments on the regulation side that strengthen the function<strong>in</strong>g of the privatehealth care market. Nevertheless, much needs to be done on the regulation side. Thesedevelopments are <strong>in</strong> the area of provid<strong>in</strong>g more powers to consumers <strong>and</strong> discourag<strong>in</strong>g some<strong>in</strong>appropriate practices, such as sex determ<strong>in</strong>ation, organ trad<strong>in</strong>g, <strong>and</strong> privatization of <strong>in</strong>surance.l Consumer Protection Act 1986 The Supreme Court of India passed a judgment that theConsumer Protection Act is applicable to “paid for medical services.”l Other Recent Legislative Changes Two important pieces of legislation were passed that willdiscourage certa<strong>in</strong> practices.n Human Organ Transplant Act, 1995n Pre-Natal Diagnostic Techniques (Regulation <strong>and</strong> Prevention of Misuse) Act, 1996l Privatization of Insurance Under the new economic policy reforms, the government has nowliberalized the <strong>in</strong>surance sector.Private Participation Initiatives <strong>in</strong> <strong>Health</strong>Private participation <strong>in</strong>itiatives <strong>in</strong> health can be broadly classified <strong>in</strong>to <strong>in</strong>itiatives on the dem<strong>and</strong> side(primarily focus<strong>in</strong>g on f<strong>in</strong>anc<strong>in</strong>g of health care) <strong>and</strong> the supply side (provision of health services).

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