Director General of Health Services (DGHS) Jagdish Prasad on Tuesday said that cases similar to alleged overcharging by Gurugram's Fortis Hospital, can be prevented if all states implement the Clinical Establishment Act.

"If this act had been implemented in every state, then such incidents would not have happened. Even in the Fortis case if the state would have implemented, then we could have regulated it and this case would not have happened," said Prasad speaking to reporters here.The Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the central government to provide for registration and regulation of all clinical establishments in the country with a view to prescribe the minimum standards of facilities and services provided by them. The Act has taken effect in only four states -- Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim -- and all Union Territories except the NCT of Delhi since March 1, 2012 vide Gazette notification dated February 28, 2012. 

The states of Uttar Pradesh, Uttarakhand, Rajasthan, Bihar, Jharkhand and Assam have adopted the Act.Asked why the act could not be implemented in all states, Prasad said that there was a need for political will to implement the act.The Act is applicable to all types (both therapeutic and dignostic types) of clinical establishments from the public and private sectors, belonging to all recognised systems of medicine, including single-doctor clinics. The only exception is clinical establishments run by the armed forces.

A seven-year-old girl died at Gurugram's Fortis Hospital after undergoing treatment for dengue on September 14. The parents have alleged that the hospital allowed them to take the dead body after paying Rs 18 lakh, which according to them was "over-charge".The Health Ministry has directed the Haryana Health Department to look into the case and go for exemplary punishment if the hospital was found overcharging.