On February 16, 2017, Sanjay Roy, a resident of Dankuni in Hooghly district, met with a road accident. He was rushed to Apollo Gleneagles for treatment, but Roy’s family alleges the doctors refused to give Roy treatment until the first payment was made. “The treatment started more than two hours after being brought to the hospital,” said Sanjay’s wife. Rubi. “The authorities then charged a whopping bill of around Rs 7.23 lakh for his eight days treatment. When we wanted to shift him to SSKM [Hospital], the management refused to discharge unless the outstanding amount of Rs 2.90 lakh was cleared. We had to hand over our fixed deposits documents to them to ensure his transfer to a government hospital, but the delay proved to be life-taking.  He couldn’t be saved.” On February 24, Roy died at Seth Sukhlal Karnani Memorial Hospital (SSKM).

Rubi has since launched a crusade against Apollo, vowing to not relent until justice is done. A six-member committee was set up by the state government to probe the incident on February 25. The team during the prima facie investigation has found medical negligence by Apollo.

The team visited the hospital and questioned the doctors and nurses. They concluded that several unnecessary tests were done with the aim of inflating the bill and that the surgeries performed could not stop the flow of blood from the liver and kidney. The team submitted its report to the state government on March 4.

In a statement, Apollo management said, that the issues mentioned by the Chief Minister are being investigated by the Hospital Advisory committee which has senior and reputed doctors. Appropriate action will be taken based on the outcome of the investigation.

Private health care services have come under intense scrutiny in West Bengal in recent time, and numerous hospitals are accused of negligence and overbilling. CK Birla hospital (also known as Calcutta Hospital) at Ekbalpore in South Kolkata was ransacked by an irate mob following the death of a 16-year-old female patient on February 15.The private hospital was accused of negligence. Four persons including the owner and staffs of the private nursing home were arrested by the police after a man committed suicide after failing to pay daughter’s inflated medical bill on February 26.

The outcry has been so intense that on March 3, The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Bill, 2017, tabled by Parliamentary Affairs Minister Partha Chatterjee, was passed by voice vote in the Assembly.

The bill states that private hospitals cannot refuse admission and treatment to victims of acid attacks, road mishaps and rape, even if they cannot afford treatment.  They also cannot refuse to release the dead bodies even if the bills are not cleared. Dues may be collected later through legitimate courses.

The Chief Minister, while reading the bill in the Assembly, fixed a fine of Rs 3 lakh to 50 lakh for medical negligence by private hospitals which has to be cleared within six months. There is also a provision of three-years in jail for offenders, “They (private hospitals) will not be allowed to conduct unnecessary tests and help desks must be set up to assist families of patients regarding any information about the bill or treatment. While discharging patients, proper documents will have to be given to them.”

The bill also has the provision to set up a 13-member West Bengal Clinical Establishment Regulatory Commission to monitor activities of private hospitals.

As far as Roy’s case is concerned, heads have already begun to roll. Preetha Reddy, executive vice-chairman of the Apollo Group of Hospitals, flew to Calcutta from Chennai and held a series of meetings with senior doctors. On March 2, Rupali Basu, the CEO (eastern region) submitted her resignation via fax.

The hospital has promised to bring significant changes in its services. In a press release, the hospital stated “Committing its responsibility of healthcare services to the people of Bengal and respecting the advice of CM Mamata Banerjee, the Apollo management is taking positive steps.”

A section of the doctors on condition of anonymity accused Basu’s financial team of setting stiff targets and threatening medicos that they would be penalised if patients could not clear their bill.

Some in the medical profession, however, have expressed their concern about the bill. “It might have led to more interference by patient’s kin who would not shy away to quiz the doctor about his method of treatment and would accuse him of inflated bills even when the amount is accurate,” said Dr Sabir Biswas, a senior doctor in the city.

The bill also states that no private establishment will be allowed to refuse treatment to victims of rape, acid attacks or natural disasters. The bill also states that treatment cannot be stopped if patients are unable to pay and hospitals will have to bear the cost of vital medication themselves. The bill’s heart is certainly in the right place, but it also seems to gloss over the condition of government run hospitals and why those only seem to be a resort for those unable to bear the cost of private hospitals.