Is the health regulator doing his job?
08 December 2016Health Minister Rajitha Senaratne is trying to reinvent the wheel. Speaking in Parliament on Monday, he has said that the Government of Sri Lanka (GoSL) will bring in laws to regulate private hospitals. (Ceylon Today of 6 December,2016).
This was in respect of the charges made by private hospitals. The specific costs that he spoke of in that article, was the need to regulate OPD (Out Patients' Department) charges. Here he brought out the example of an alleged charge of Rs 14,000 made to a patient for dressing his/her wound.
The other two matters he referred to were with regard to an alleged charge of Rs 400,000 made in connection with admitting a dead person to the ICU of a private hospital and of an alleged charge of Rs nine million made in respect of politico, the late Alavi Mowlana.
He also went on a'rigmarole' to state that the maximum charge (already allowed) in the country's channelled medical service is Rs 2,000. And added that a patient should be examined for 10 minutes and subsequent to a surgery, the surgeon should stay with the patient for an hour.
Everybody worth his salt here knows such requirements are more often than not, openly observed in the breach. The Minister however, went on to say in his parliamentary discourse that it was President J.R. Jayewardene who initially began regulating (such) prices.
This is an admission that the private sector health service is already regulated as far as pricing was concerned at least in certain areas such as channelling charges, but what was needed was enforcement.
Whereas, there may be lacunas as far as the country's health laws are concerned with regard to charges levied on the admission of a dead body, OPD and in-house costs, what Senaratne his Private Health Services Regulatory Council (PHSRC), established at enormous cost to the taxpayer, is to ensure that the existing health laws are observed by private healthcare institutions and related caregivers such as doctors and physicians, whilst simultaneously addressing lacunas in the existing health laws of the country.
The question is whether the health regulator is doing his job? If not, what is the purpose of having such a regulator, obviously at a cost to the taxpayer?
According to the PHSRC website, it operates from a private building in Colombo. Unless the owner of that building is a philanthropist, in general the rent charged in Colombo is expensive. Who's bearing this cost? The taxpayer?
The PHSRC, also according to its website was formed in December 2006 during the tenure of Nimal Siripala de Silva who was the Health Minister, then. Its membership comprises 28 persons. They consist of the Director General of Health Services (Chairman); Director Private Health Sector Development (Secretary);
Provincial Directors of Health Services (nine members); Sri Lanka Medical Council, Sri Lanka Dental Association, Independent Medical Practitioners Association and Medical Practitioners Association (one member each); Association of Private Hospitals and Nursing Homes (nine members) and from the Field of Law, Field of Nursing, Field of Finance and Field of Management (one member each).
Its members such as the Director General of Health Services, Director Private Health Sector Development, and Provincial Directors of Health Services are directly maintained by the taxpayer. These are in addition to the other costs involving the Provincial Directors of Health Services, which costs, who is to bear, is it the taxpayer or anybody else? That is a seemingly grey area.
Meanwhile, the Institute of Policy Studies (IPS), a semi-government think tank, had this to say of the PHSRC, according to a recent report published by a local daily, which said, '....Private sector regulation reform is of utmost importance due its current lack of effectiveness....Returning the regulatory functions back to the Health Ministry (as is the case in other countries with similar backgrounds) is an option that needs to be considered. Alternatively, the effectiveness of the PHSRC needs to be reinforced by limiting private sector provider representation and training and strengthening the regulatory capacity of officers in charge...'
Therefore, the need of the hour may not necessarily be new laws to regulate private hospitals as espoused by current Health Minister Senaratne, nor by handing back such regulatory functions once more to the Ministry, but, probably by strengthening the regulatory capacity of the PHSRC.