Parliament Question: Pricing and regulatory oversight of diagnostic services

GOVERNMENTOFINDIA MINISTRYOFHEALTH AND FAMILYWELFARE DEPARTMENTOFHEALTH AND FAMILYWELFARE RAJYASABHA UNSTARREDQUESTION NO. 1224 TO BE ANSWERED ON10THFEBRUARY, 2026 PRICING AND REGULATORYOVERSIGHT OFDIAGNOSTIC SERVICE 1224SHRISHAKTISINH GOHIL: Will the Minister of HEALTHANDFAMILYWELFARE be pleased tostate: (a)whether Government is aware thatdiagnostic centres, includingpathology labs, X-ray, CT and MRI facilities, charge excessively and allegedly offer referral commissions to doctors, increasing treatment costs for poor patients; (b) whether any national regulatory mechanism exists to monitor and control pricing of diagnostic tests; (c)if so, the detailsthereof andthe extentof enforcement; (d) whether Government proposes to prescribe standard rates or bring diagnostics under a uniform pricingframework; and (e) the steps taken to curb unethical referral practices and ensure affordable diagnostic services? ANSWER THE MINISTER OFSTATE IN THE MINISTRYOFHEALTH AND FAMILY WELFARE (SMT. ANUPRIYAPATEL) (a)to(e): ‘Health’ beinga Statesubject, the primary responsibility totake note of excessive charging and alleged offering of referral commissions to doctors by diagnostic centres lies with the respective States/UTs. Nonetheless, the Government of India enacted the Clinical Establishments (Registration and Regulation) Act, 2010 (CE Act) and notified the Clinical Establishments (Central Government) Rules, 2012 amended in 2018 and 2020 (CE Rules) to provide for registration and regulation of Government (except those of Armed Forces) as well as private clinical establishments belonging to recognized systems of medicine. As per CE Act, the clinical establishments are required to fulfill the conditions of minimum standards of services provided for each type of service provided. The CE Act is applicable in 19 States/UTs (12States of Arunachal Pradesh, Assam, Bihar, Jharkhand, Haryana, Himachal Pradesh, Mizoram, Rajasthan, Sikkim, Telangana, Uttarakhand & Uttar Pradesh and 7 UTs of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Jammu & Kashmir, Ladakh, Lakshadweep & Puducherry). CE Rules, inter-alia, stipulates that every clinical establishment shall display the rates charged for each type of service provided and facilities available at a conspicuous place in local as well as in English language and charge the rates for each type of procedures and services within range of rates. The matter of determinationof range of rates, at present, sub-judice,inthe Hon’ble SupremeCourt of India. The States / UTs which have adopted the CE Act are primarily responsible for enforcing/implementing the provisions of the CE Act for regulating their hospitals. The Act has empowered a registering authority at the district level under the chairmanship of the District Collector / District Magistrate to take actions including imposing penalties in respect of violation of its provisions. The Act also provides for cancellation of registration, if the provisions of the Act are not complied with. The clinical establishments in the States/UTs, which have not adopted and implemented the CE Act, are registered and regulated by the respective State Acts. Further, the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 provides that a physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or othertreatmentand thisprovision shall applywith equalforce tothe referring,recommending or procuring by a physician or any person, specimen or material for diagnostic purposes. These regulations also provide that consulting pathologists /radiologists or asking for any otherdiagnostic Labinvestigation should be done judiciously andnot ina routine manner. Moreover, under Free Diagnostics Service Initiative, Government of India provides financial support to States/UTs for providing accessible and affordable pathological and radiological diagnostics services closer to the community, free of cost at all levels of public healthfacilities. *****