The Rajasthan Right to Health Act, 2022

Act No. 7 of 2023

11th day of April, 2023

An Act to provide for right to health and to make provisions ancillary, conducive and incidental thereto.

S.Preamble Preamble

Whereas, the State of Rajasthan aims, to provide protection and fulfilment of rights and equity in health and well-being under Article 47 of Constitution of India and to secure the Right to Health as per the expanded definition of Article 21 of Constitution of India and, also to provide for free accessible to and equality in, health care for all residents of the State with the progressive reduction in out of pocket expenditure in seeking, accessing or receiving health care;

And whereas, the Rajasthan Model of Public Health may usher the State in the era of improved Public Health;

And whereas, every resident of the State of Rajasthan is entitled to enjoy the highest attainable standard of physical, mental, intellectual and social well-being and state of health, which is conducive to living a life in dignity;

And whereas, the right to health is an inclusive right extending not only to timely health care but also to the underlying socio-economic, cultural and envi

S.1 Short title, extent and commencement

(1) This Act may be called the Rajasthan Right to Health Act, 2022.

(2) It shall extend to the whole of the State of Rajasthan.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) “accidental emergency” means any unforeseen, unexpected or unintentional occurrence of an event which results in the risk of death or injury to any person and includes road, rail, water or air accident;
(b) “bioterrorism” means the international use of any microorganism, virus, infectious substance (including toxins), or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product to causes, death, disease or other biological malfunction in a human, an animal, a plant, or another living organism;
(c) “clinical establishment” means establishments defined as a clinical establishment under clause (c) of section 2 of the Clinical Establishment (Registration and Regulation) Act, 2010 (Central Act No. 23 of 2010);
(d) “designated health care centres” m

S.3 Rights to health

Every resident in the State of Rajasthan shall have the following rights:-

(a) to have adequate relevant information about the nature, cause of illness, proposed investigations and care, expected results of treatment, possible complications and expected costs;
(b) to avail free OPD services, IPD services consultation, drugs, diagnostics, emergency transport, procedure, and emergency care as provided by all public health institutions accordantly to their level of health care as may be prescribed by rules made under this Act;
(c) to have emergency treatment and care for accidental emergency, emergency due to snake bite/animal bite and any other emergency decided by State Health Authority under prescribed emergency circumstances, without prepayment of requisite fee or charges including prompt and necessary emergency medical treatment and critical care, emergency obstetric treatment and care, by any public health institution, health care establishment and

S.4 Responsibilities, Rights and Duties

(1) Residents and patients shall have the responsibilities and duties towards healthcare establishments and healthcare workers as adopted by the National Human Rights Commission in the prescribed manner and as specified in the rules.

(2) Health care providers and establishments will have rights and responsibilities vis-à-vis patients in the prescribed manner as specified in the rules.

S.5 Obligation of Government

The Government shall have the following general obligations, by enhancing the quantum of the resources in time bound realization of health and well-being of every resident in the State:-

(a) to formulate and prescribe a model of public health known as “Rajasthan Model of Public Health”;
(b) to make appropriate provision in the State budget;
(c) to develop and institutionalize Human Resource Policy for Health to ensure availability and equitable distribution of doctors, nurses and other ancillary health professionals and workers at all levels of healthcare as may be prescribed;
(d) to set up the quality audit and grievance redressal mechanisms as may be prescribed;
(e) to align all health services and schemes to strengthen a system of health services to empower and make residents aware for preventive, promotive and protective health care, not merely an absence of disease;
(f) to lay down standards for quality and safety of al

S.6 Constitution of State Health Authority

The Government shall, by notification in the Official Gazette, constitute two independent bodies known as the State Health Authority for logistical grievances and State Health Authority for treatment protocols.

(i) State Health Authority for logistical grievances consisting of the following members, namely:-

(a) An Officer of Indian Administrative Service, not below the rank of Secretary to be appointed by the State Government - Ex-officio Chairperson;
(b) Vice- Chancellor of RUHS, Jaipur - Ex-officio Member;
(c) Joint Secretary, Medical and Health - Ex-officio Member-Secretary;
(d) Director, Medical and Health - Ex-Officio Member;
(e) Commissioner, Medical Education - Ex-Officio Member;
(f) Principal, SMS Medical College, Jaipur - Ex-Officio Member;
(g) A nominee of Ayush Department from Director Ayurveda, Homoeopathy, Unani on rotation basis - Ex-Officio Member;
(h) Two Members, nominated from Indi

S.7 Functions of the State Health Authorities

(1) The State Health Authority for logistical grievances shall carry out the following functions:-

(a) to advise Government regarding State health goals and get these included in the mandate of Panchayati Raj Institutions and urban local bodies;
(b) to advise Government regarding state level strategic plans for implementation of Right to Health as provided under this Act, including action on the determinants of healthy food, water and sanitation;
(c) to advise Government regarding a comprehensive written State Public Health Policy for prevention, tracking, mitigation, and control of a public health emergency as well as situations of outbreak or potential outbreak in the State;
(d) to monitor the preparedness of the State for management of public health emergencies;
(e) to develop mechanisms and systems for regular medical, clinical, and social audits for good quality of health care at all levels;
(f) to constitute one or mor

S.8 Meeting of State Health Authorities

(1) The State Health Authority shall meet at least once in six months, by giving such reasonable advance notice to its members and shall observe such rules of procedure regarding the transaction of business at its meetings as may be prescribed by rules made under this Act:

Provided that if, in the opinion of the Chairperson, any business of an urgent nature is to be transacted, he may convene a meeting of the Authority at such time as he thinks fit.

(2) The meetings of the Authority and the mode of transaction of business at such meetings, including quorum etc., shall be governed by such regulations as may be prescribed.

S.9 Constitution of District Health Authority

(1) The Government shall constitute an independent body as District Health Authority, within one month from the date of constitution of State Health Authorities.

(2) The District Health Authority shall consist of the following members, namely:-

(a) The District Collector - Ex-Officio Chairperson;
(b) Chief Executive Officer, Zila Parishad (IAS/RAS) - Ex-Officio Co-Chairperson;
(c) Principal of Medical college or his nominee not below the rank of Sr. Professor - Ex-Officio Member;
(d) Deputy Chief Medical and Health Officer - Ex-Officio Member Secretary;
(e) District Ayurveda Officer - Ex-Officio Member;
(f) Two Members, nominated from Indian Medical Association, Rajasthan State - Member.

S.10 Functions of District Health Authority

The District Health Authority shall carry out the following functions:-

(a) to ensure implementation of the policies, recommendations, and directions of State Health Authority;
(b) to formulate and implement strategies and plans of action for the determinants of health, especially food, water, sanitation, and environment;
(c) to formulate a comprehensive written plan for prevention, tracking, mitigation, and control of a “public health emergency”, as well as situations of “outbreak” or “potential outbreak” in the district based on State Plan;
(d) to coordinate with the relevant government departments and agencies to ensure availability and access to adequate and safe food, water and sanitation throughout the district;
(e) to organize hearing of the beneficiaries coming to the hospital once in three months with a view to improve the health care services;
(f) to involve the communities as active co-facilitators articulating th

S.11 Grievances Redressal Mechanism

(1) The Government shall prescribe Grievances Redressal Mechanism for health care establishment, health care provider and residents, within six months from the date of commencement of this Act.

(2) The rules prescribed under sub-section (1) shall include the following, namely:-

(a) any person (resident of the state) having any grievance relating to the Right to Health may make a written complaint to the In-charge of the concerned Health Care Institution in prescribed manner with all relevant documents within 15 days of cause of action.
(b) if the complaint is not resolved by concerned Health Care Institution within 3 Days, the complaint shall be forwarded to Member Secretary of District Health Authority within territorial jurisdiction.
(c) the District Health Authority shall take appropriate action on the complaint within 30 days of its receipt and communicate the same to the complainant. While enquiring into the complaint the District Health A

S.12 Powers of the State Health Authority and District Health Authority

(1) For purposes of carrying out the inquiry under this Act, the State Health Authority or District Health Authority, as the case may be, may nominate one or more persons or committees from the subject speciality, in the prescribed manner, for the efficient discharge of its functions.

(2) The State Health Authority or District Health Authority, as the case may be, shall have the power to require any person to furnish information on such matters as may the subject matter of the inquiry and any person so required shall be legally bound to furnish such information.

S.13 Appeal

Any person aggrieved by an order of the District Health Authority passed under the provisions of this Act may file an appeal in the prescribed manner to the State Health Authority within 30 days from the date of the order.

S.14 Penalties

Any person who knowingly contravenes any provision of this Act or any Rule made thereunder shall be punishable with a fine up-to rupees ten thousand for the first contravention, and up-to rupees twenty-five thousand for the subsequent contraventions.

S.15 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the State Government or the Chairpersons or members of the State Health Authority and District Health Authority or any members or officers of the committee appointed by the said authorities or any other employee or officer acting under the direction of the said Authorities, for anything which is in good faith done or intended to be done under this Act or the rule made thereunder.

S.16 Power to make regulations

The Authorities may, with the previous approval of the Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules for carrying out the purposes of this Act.

S.17 Power of State Government to make rules

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the State Legislature makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

S.18 Application of other laws not barred

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

S.19 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.

S.20 Saving

Any rules, regulations, guidelines or orders made or issued in respect of providing any health care facilities, whether free or otherwise, to the residents of the State shall be deemed to have been made or issued under this Act and shall remain in force until they are repealed, modified or replaced in exercise of the powers conferred under this Act.