Referral payments to doctors by private hospitals questioned under medical ethics and clinical establishment rules; State to take instructions.

Payments by a private hospital to doctors for referring patients are examined against the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 and the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. The issue is whether such referral-linked payments are permissible under the applicable regulatory framework and, if not, what action the State proposes to take. The matter was adjourned for further consideration, and the State was directed to take instructions on the permissibility of these payments.

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Issues: Whether payments made by a private hospital to doctors for referring patients to the hospital are permissible under the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 and the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, and what steps, if any, the State proposes to take if such payments are impermissible.

Outcome: The matter was adjourned for further consideration and the State was asked to take instructions on the permissibility of such payments.

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