An overview of how health services are delivered in India. Although it is proposed that the national health authority be headed by the Union Ministry of Health, national health ministers will chair it. District collectors will lead the next level, and block units will be led by block medical officers or medical superintendents. These authorities will have the power to take action to prevent noncommunicable diseases and emerging infectious diseases. In 2017, the Union Ministry of Health released the Public Health (Prevention, Control and Management of Epidemics, Bioterrorism and Disasters) Bill 2017. In September 2020, then-Union Health Minister Dr Harsh Vardhan announced in Parliament that the government would formulate a national health law. In this podcast, Shreya Shenolikar analyzes existing and proposed health policies in India to understand when universal health coverage can truly become a reality. Specifically, she discusses: We learn that the bill proposes a four-tier health administration architecture with national, state, district and block “multi-sectoral” health authorities that will have “clearly defined” powers and functions to deal with “public health emergencies.” The Covid-19 pandemic has revealed glaring shortcomings in India`s public health system, particularly during the devastating second wave of April-May last year, when thousands of deaths were officially reported daily. The pandemic has also exposed gaping loopholes in the 125-year-old Epidemics Act, which contains no provisions to deal with a national health emergency similar to Covid. This law, whose text is barely three pages long, is in any case a pretext for a law. It is astonishing that a law passed in 1897 has survived the third decade of the 21st century. Finally, the course has been set for its repeal, while the Union government determines the contours of the national health law. The new law will have a broad scope, covering not only epidemics and pandemics, but also public health emergencies caused by bioterrorism, natural disasters, chemical and nuclear attacks or blackouts.
The bill will address up-to-date, science-based and comprehensive provisions on surveillance, notification of diseases and public health emergencies resulting from epidemics, disasters and bioterrorism. The existing Epidemics Act does not contain provisions to deal with a pandemic such as Covid – the government relied on the Epidemics Act and the Disaster Management Act 2005. The National Public Health Bill has been in the works since 2017 and, once enacted, will replace the 125-year-old Epidemic Diseases Act of 1897. It will also cover public health emergencies caused by bioterrorism, natural disasters, chemical and nuclear attacks or accidents. The bill also provides for the creation of public health frameworks at the national and state levels, he said. The relationship between health and the law is not new, but it is complex. Law and health are two issues with inherent dynamics. Health and Law as a Law Subject is a new addition and is taught in law schools at many universities.
This edited book attempts to focus on the intersection between law and health. It is divided into five main sections: health concept; medical profession, patient and law; organization of public health and medical jurisprudence; insurance and compensation for victims; and the health law perspective. The book will be useful in providing a basis for understanding and analyzing advanced knowledge in the field of health and its relationship to law. This book will also be useful for teachers, students, researchers, lawyers, judges, law firms, medical professionals, academics, libraries, law universities and anyone interested in the subject. In order to achieve universal health coverage, the Indian government also announced the world`s largest health insurance scheme in India called Pradhan Mantri Jan Arogya Yojana (Prime Minister`s Public Health Scheme), commonly known as Ayushman Bharat (Healthy India). Although the public health bill has been on hold for years, it has gained momentum in recent months. The Government of India has identified achieving universal health coverage as one of the long-term health goals of the National Health Policy 2017 (NHP). The NHP also identifies digital health as an important means to achieve this goal.
Since the release of the NHP, the Government of India has launched various initiatives to increase healthcare in India and adopt digital health technologies. Shreya regularly contributes to national and international publications and writes on a variety of topics, including pharmaceutical regulations, medical devices and health, medical technology, and digital. The bill proposed a four-tier system involving health authorities at the national, state, county and block levels. The new law should improve coordination between the various authorities and establish the accountability of civil servants at all levels. It is admirable that the government is introducing legislation to strengthen public health administration, but the work will remain halfway done as long as the shortage of doctors continues. India`s doctor-to-patient ratio has improved to 1:834, according to the Ministry of Health, but it is still insufficient to cope with the growing population, especially in emergencies. The biggest challenge will be to ensure that the new law prepares India`s healthcare for the future. From setting up a four-tier health management system with “clearly defined” powers, to establishing a public health framework, to establishing a lockdown, officials from the Union Ministry of Health and Family Care and other government departments have begun the process of finalizing various provisions of the bill for a new national health law.
The Indian Express found out. Dr. Milind Antani, Darren Punnen and Shreya Shenolikar of Nishith Desai Associates analyzed key regulations for India`s pharmaceutical, medical device and health technology industries in a multi-part podcast series. The series begins with the fundamentals of pharmaceutical and medical device regulation, and then delves deeper into the regulation of various aspects of the industry. Each episode begins with an overview of the rules in place, how the regulation applies to the industry, and ends with practical comments on how stakeholders should approach this area. The role of public and private hospitals in providing health care to the general public. How health law and health policy are regulated by law in India, including why there are such differences in health regulation across the country. Right to health – Human rights, constitutional law and an international perspective Public health law focuses on the relationship between law, public health and legal instruments applicable to public health issues. While there have been consistent interventions in the past to address public health concerns, there is a need for a timely framework to make appropriate use of modern legal instruments to address complex health challenges. We identify a checklist of key indicators to assess whether public health legislation is an effective form of intervention to bring about the desired social change. The draft provides for several situations in which a “health emergency” can be declared. These include bioterrorism; presence of a new or previously controlled or eradicated infectious agent or biological toxin; a natural disaster; a chemical attack or accidental release of chemicals; A nuclear attack or accident is learned.
Progress made so far in the introduction of digital health technologies and published guidelines for them. Shreya Shenolikar is a member of the Pharmaceutical, Medical Device, Healthcare and Medical Device team at Nishith Desai Associates.
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