Health Law Project
Health Law Project
Health Law Project
Submitted to:
Dr Ghulam Yazdani
FACULTY OF LAW
Submitted by:
VARUN MITTAL
SECTION - B
Semester- VIII, B.A. LLB. (Hons.)
Acknowledgement
VARUN
CONTENTS
For the last century, healthcare delivery and financing in India has been
shrouded by life insurance challenges and importantly, shares key
landmarks with general insurance. Health insurance can be defined in very
narrow sense where individual or group purchases in advance health
coverage by paying a fee called "premium". But it can be also defined
broadly by including all financing arrangements where consumers can avoid
or reduce their expenditures at time of use of services. The health insurance
existing in India covers a very wide spectrum of arrangements and hence
the latter- broader interpretation of health Insurance is more appropriate.
Health insurance is very well established in many countries. But in India it
is a new concept except for the organized sector employees. In India only
about 2 per cent of total health expenditure is funded by public/social health
insurance while 18 per cent is funded by government budget. In many other
low and middle income countries contribution of social health insurance is
much higher
1 http://nipfp.org.in/media/medialibrary/2013/08/insurance_report_final.pdf
Amid its ongoing transformation, a govern-ment-driven universal healthcare
delivery and financing model is likely. However, PHIs still have a key role
to play in shaping goals of access, cost and quality. With healthcare
financing opening to private players, current challenges offer oppor-
tunities. A strong synergy between private and public players,
complementing each other is a major objective. A focused approach
encompass- ing public and private sectors and leveraging
PHIs need to carefully design and implement their strategies in a 1.3 billion-
strong popula- tion segmented in various strata. There are key trends around
operational efficiency, integration and standardization and customer
awareness – of which PHIs should be cognizant. Their response to these
trends will likely define the cornerstones of success stories in India.
Brief History
Since India’s independence in 1947, the govern- ment sector has been the
backbone of the health- care ecosystem, including healthcare delivery and
insurance. The term “insurance” is primarily associated with life insurance –
the most popular form of insurance in India (around 570 million insurable
lives in 2011.) There are two reasons for this- first, with low life expectancy
(37 years in 1951) and a tight-knit family structure, people primarily sought
financial security.2 Second, life insurance has been traditionally positioned
as a tax-planning tool. Health insurance evolved slowly in tandem with
general insurance (See Figure 1) with both sharing key landmarks. The
growth of healthcare delivery too was limited in the pre-liberalization (pre-
1991) era. However, after economic liberalization in 1991, care delivery
equipment, methodology, and process sharing from developed nations
became mainstream. With the improvement in healthcare delivery and
increase in disposable income, life expectancy had increased to 65 years by
2011. The Insurance Regulatory and Development Authority (IRDA)
legislation in 2000 served as a key milestone in healthcare insurance. It
opened up the health insurance industry to private players. Health insurance
membership quadru- pled between 2007 and 2011 (300 million in 2011) and
is expected to be 600 million by 2015.
2https://pdfs.semanticscholar.org/f7aa/e26952c424d84a37331b9da12af2bed
1753e.pdf
Current State of Health Insurance
Currently, healthcare delivery and financing is marked by around 72% out-
of-pocket spending. India’s per capita spending on healthcare of $109 (See
Figure 2, next page) is much lower than the global average of $863. India
trails in health outcomes behind its South Asian neighbors like Sri Lanka
and Bangladesh, which have compa- rable per capita income. There is a
wide gap in healthcare delivery for the insured and for the total population.
Most health insurance products offered by private entities are similar to the
government-defined product, Mediclaim, and are indemnity-based. Given
its high premiums, most Mediclaim and similar policy holders belong to the
middle and upper class.
The CGHS is widely criticised from the point of view of quality and
accessibility. A study by the NCAER (1993) on public hospitals in Delhi
highlights many such problems. For instance, it suggests that people used
hospitals disproportionately for access to specialist consultants and notes
that individuals showed up without any referrals in 83 per cent of these
cases. Other problems included long waiting periods, significant out of
pocket costs of treatment (Rs 1,507 for first treatment in an episode),
inadequate supplies of medi- cines and equipment, inadequate staff and
conditions that are often unhygienic
3 https://www.scribd.com/document/20524449/Health-Insurance-Policy-
India
Employees' State Insurance (abbreviated as ESI) is a self-financing social
security and health insurance scheme for Indian workers. This fund is
managed by the Employees' State Insurance Corporation (ESIC) according
to rules and regulations stipulated there in the ESI Act 1948. ESIC is an
autonomous corporation by a statutory creation under Ministry of Labour
and Employment, Government of India.
Benefits
For all employees earning ₹21,000 (US$320) or less per month as wages,
the employer contributes 4.75 percent and employee contributes 1.75
percent, total share 6.5 percent. S This fund is managed by the ESI
Corporation (ESIC) according to rules and regulations stipulated there in the
ESI Act 1948, which oversees the provision of medical and cash benefits to
the employees and their family. ESI scheme is a type of social security
scheme for employees in the organised sector.
The employees registered under the scheme are entitled to medical
treatment for themselves and their dependents, unemployment cash
benefit in certain contingencies and maternity benefit in case of women
employees. In case of employment-related disablement or death, there is
provision for a disablement benefit and a family pension respectively.
[3]:67
Outpatient medical facilities are available in 1418 ESI dispensaries and
through 1,678 private medical practitioners. Inpatient care is available in
145 ESI hospitals and 42 hospital annexes with a total of 19,387 beds. In
addition, several state government hospitals also have beds for exclusive use
of ESI Beneficiaries. Cash benefits can be availed in any of 830 ESI centres
throughout India.
Recent years have seen an increasing role of information technology in ESI,
with the introduction of Pehchan smart cards as a part of Project
Panchdeep. In addition to insured workers, poor families eligible under
the Rashtriya Swasthya Bima Yojana can also avail facilities in ESI
hospitals and dispensaries. ESI Corporation also runs medical, nursing and
paramedical schools in some ESI hospitals across India.
The standard Mediclaim policy covers only hospital care and domiciliary
hospitalisation benefits. Although some insurance companies have earlier
experimented with direct reimbursement to hospitals and other providers, at
present all that is offered is reimbursement insurance. With this the
‘enrollees’ are reimbursed for their medical claims only after the payments
have been made out of pocket to the provider. The GIC so prescribes
premiums, eligibility and benefit coverage for all the four subsidiaries that
they do not compete along any of these dimensions. All four firms have
significant delays in claims processing. We discuss these delays and other
related issues below. 4
4 http://shodhganga.inflibnet.ac.in/bitstream/10603/9222/13/13_chapter
%204.pdf
Mediclaim insurance has increased by 174 per cent over the same period.
The number of persons covered by the Mediclaim policies at the end of
1994 was 1.8 million (see Table 4, which also provides information on
policies issued, enrolments, premiums and claims reported and settled since
1987). It is striking how premium revenues have grown more than twice as
fast as the number of covered lives between 1989-90 and 1994-95 and how
the number of claims settled has grown even faster than premium revenues.
Thus far, the premium revenue of Mediclaim has managed to keep ahead of
claim payments. This, however may not hold good in future owing to the
accelerating growth in amounts paid to the settled claims. It is also revealing
that the claims per covered person have been growing 37.5 per cent
annually between 1989-90 and 1994-95.
The GIC’s Jan Arogya Bima Policy is yet another scheme of medical
reimburse- ment being offered to people on an indi- vidual basis. The annual
premium for the youngest people age group is only Rs 70, as against the
coverage limit of Rs 5,000 per year. Higher premiums are charged for older
persons or those with spouses or dependents. Y et the premiums remain low
in relation to the maximum coverage. Even this low-maximum coverage
level will pro- vide considerable coverage against low cost hospitalisations.
Another significant difference is that it also covers maternity expenses.
Apart from these few differen- ces, this policy retains most of the Medi-
claim features. It remains to be seen how successful is in comparison to
Mediclaim.
A majority of the large public and private establishments are either self-
insuring or provide reimbursement plans to their employees. These
employers may be more than willing to switch over to private third party
insurance, should it become avail- able. This is particularly true for the
large- scale enterprises which provide their own clinics and personnel.
Given that the employee demand for quality treatment and specialists’ care
is increasing rapidly, these enterprises would find it worth their while to
switch to an insurance structure.
Key Challenges in the Healthcare
Affordability and accessibility chasm: There is a large gap between
healthcare delivery and financing in urban areas and rural areas.
While a majority of the population resides in rural India (68.4 %),
only 2% of qualified doctors are available to them. 7 The rural
population relies heavily on government-funded medical facilities.
This gap is exacerbated because the private and public systems do not
complement each other. Affordable care (government hos- pitals or
community-based care) suffers from quality issues and is unable to
cater to the basic healthcare needs of the population. While some
private care delivery centers and profes sionals are accessible to the
needy, they are not affordable for a majority of the population.
The existing health insurance programmes such as ESIS and Mediclaim also
need substantial reforms to make them more efficient and socially useful.
Government should catalyze and guide development of such social health
insurance in India. Researchers and donors should support such
development.
(ii) Out-patient coverage: There is a need for insurance cover to meet the
growing cost of out-patient treatment. The reasons why some people pay a
great deal out of pocket even when they are already covered by the GIC or
the ESIS should be identified so that corrective measures could be devised.
Evidence suggests that over the past five years the GIC’s claims have been
growing at more than 30 per cent a year – which substantially exceeds the
growth of public health-care spending or individual spend- ing. It seems
plausible that this growth is in part the moral hazard response to insur- ance.
However, such high rates of increase imply that there is enormous potential
for increased spending by other segments of the poulation, should the
insurance coverage be extended to new groups.
The manner in which the GIC premiums are changed from one year to the
next is clever in that it ensures that the corporation does not have to take in
premiums that are persistently below claims. A further clarification on this
is as under.
Even the high margin of GIC premiums over claims understates the true
margins. Subsequent-year premiums are calculated on the basis of incurred
claims, not on paid claims. If the claims are eventually denied the difference
would apparently go unreconciled while adjusting future premiums. Besides
increasing profit margins this feature builds in an incentive for the insurers
to delay payment on claims. This is one of the major complaints against the
GIC’s Mediclaim policy.
Numerous studies have shown that the providers of treatment at ESIS and
CGHS facilities do not have adequate incentive to exert themselves. These
facilities generally suffer from low provider morale, understaf- fing and
equipment shortages. Improve- ments in the quality of services offered by
these facilities can be effected by decentral- ising the decision-making
process and intro- ducing reforms in financing norms. An incen- tive may be
provided by allowing the faci- lities to charge user fees – even if the fees are
paid by the government on the basis of the patient-load factor. An
alternative strategy might be to merge the two systems of facili- ties with
the rest of the public health system.
The union budget of the financial year 2018-2019 has laid the foundation
for kickoff start of the flagship National Health Protection scheme (NHPS),
this is coined as Modicare Or Namocare by his many. As the ambitious
health protection scheme went missing in the last year’s union budget, the
finance minster Mr. Arun Jaitley today announced the flagship scheme
which offers various health benefits to several poor peoples of the nation.5
About NHPS-2018
Under this scheme each poor family will get Rs. 5 Lac per year to protect
their health. It will be the world’s largest health care protection scheme till
date. Under this scheme nearly 10 Cr families will be protected that means
over 50 Cr people will be benefitted from the scheme.
Key Features
This new NHPS will overcome the flaws of the existing scheme
Rashtriya Swasthya Bima Yojana, which offers health insurance
coverage to the poor workers who are working in the unorganized
sectors.
The FM Mr. Arun Jaitley has announced that the new NHPS – 2018
will be offer Rs. 5 lakh per year to all the eligible families of the
nation for their medical care.
The scheme is set to cover more than 10,000,000 poor and unsecured
family members of the nation, and it is expected that about
50,000,000 people will be benefited under this NHPS.
5 https://www.pradhanmantriyojana.in/ayushman-bharat-yojana/
Modicare (namocare) insurance scheme all these people will be able
to avail the benefit of the insurance plan.
The coverage will be offered as per the data collected under the
social-economic caste Census conducted by the government (SECC)
2011. Under the regulations the scheme is designed to offer coverage
to the beneficiaries irrespective of the number of members in the
family.
As the scheme does no offer with limitations with family size for the
beneficiaries so the government has also stated that this scheme is one
of the largest funded programs on the global platforms.
In the current budget the FM has also announced to get started with
deducting Health Cess that is equivalent to 1 percent. The amount
will be deducted from each of the tax payer nationwide by the Health
Ministry.
This additional burden of 1 percent will be levied upon the tax payers
so that the Healthcare scheme can be implemented for offering
benefit for maximum number of people.
Phases
By allocating Rs. 1200 Cr, the Union Finance Ministry has announced about
the Health & Wellness Centres across the nation. These centres will have
proper equipments to provide medical care to the women, child, maternity
and people with non-communicable diseases. Over 1.5 Lac centres will be
expected to establish.
Other facilities
The government has also set a budget of Rs 10000 crore which will
be invested in the scheme in first stage of launch. The state
government and central government will share the amount as Rs 4000
crore and Rs 6000 crore ratio.
In the recent news came from the central, it has quoted that Manoj Jhalani,
who is currently holding the position of additional secretary in Health and
family ministry has been given extra designation as mission director of the
scheme.
Concluding Remarks
http://nipfp.org.in/media/medialibrary/2013/08/insura
nce_report_final.pdf
https://pdfs.semanticscholar.org/f7aa/e26952c424d84a
37331b9da12af2bed1753e.pdf
http://pmjandhanyojana.co.in/national-health-
protection-scheme-2018-rashtriya-swasthya-
sanrakshan-5-lakhs/
https://www.scribd.com/document/20524449/Health-
Insurance-Policy-India
https://en.wikipedia.org/wiki/Central_Government_H
ealth_Scheme#cite_note-2
http://shodhganga.inflibnet.ac.in/bitstream/10603/922
2/13/13_chapter%204.pdf
https://www.pradhanmantriyojana.in/ayushman-
bharat-yojana/