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TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

1. All insurance and healthcare policies are by law required to accommodate mental healthcare treatment under the Mental Healthcare Act, 2017. Therefore, even if an explicit provision exists in a current policy, it cannot be ground to refuse reimbursement for mental healthcare services availed under the policy: High Court.
Source: bit.ly/3Qm1LHg

2. The District Consumer Disputes Redressal Forum in Gujarat has recently held that insurance providers cannot rely on a discrepancy in documentation to deny a claim for treatment, provided that the justification letter of the treating doctor sufficiently addresses the eligibility of a claimant under the policy.
Source: bit.ly/41ivGqj

3. The National Human Rights Commission (NHRC) has recently held a core-group meeting to recognize the impact of progressive disabilities and possible changes in applicable law to address the same. The NHRC has also proposed to re-visit the current 40% benchmark for disabilities, to accommodate cases of persons with progressive disabilities.
Source: bit.ly/4hEfMwb

4. A Consumer technology product manufacturer has recently won its invalidation petition before a Federal Court of the United States, with this, the complainant in this matter now has complete and undisputed Intellectual Property rights in the US, over the underlying technology for detecting heart-rate in wearables.
Source: bit.ly/432ybye

5. The World Health Organization released new findings highlighting a concerning lack of awareness about alcohol’s link to cancer in Europe. It called for clear, prominent tobacco-style warnings, particularly in the region with the highest alcohol consumption. While the WHO has consistently warned about alcohol’s cancer risk and supported labeling, this is the first time it has directly called for new government regulations.
Source: bit.ly/4102Vxj

Posted on

TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.

1. The Ministry of Health and Family Welfare (MoH&FW) has reconstituted the Central Expert Committee tasked with determining compensation for patients implanted with faulty Articular Surface Replacement (ASR) hip implants. These implants had caused widespread health issues in India, necessitating regulatory action to ensure fair redressal for affected patients.
Source: bit.ly/4gjSZok

2. The Delhi government has urged the Ministry of Health and Family Welfare (MoH&FW) to amend the Clinical Establishments (Registration and Regulation) Act, 2010 (2010 Act) to make it applicable in Delhi. Under the current framework, the Act cannot be operational due to the Delhi Nursing Home Registration Act, 1953, being listed in the saving clause. An amendment is required for Delhi to regulate pathology laboratories under the 2010 Act effectively.
Source: bit.ly/3OKo60y

3. The Delhi High Court has directed the central government to consider a plea by the Center for Ichthyosis Related Members Foundation to recognize Ichthyosis as a disability under the Rights of Persons with Disabilities (RPwD) Act, 2016. This rare genetic skin disorder, characterized by rough, scaly skin lacks a permanent cure and significantly impacts the mental and physical well-being of patients. This classification would help mitigate discrimination and enhance support mechanisms.
Source: bit.ly/3OIfIi0

4. The Ministry of Health and Family Welfare (MoH&FW) has urged states for making snakebite cases and deaths a notifiable disease under state public health laws. Mandatory reporting by government and private health facilities aims to enhance surveillance and address factors contributing to snakebite mortality. The initiative is part of the broader action plan targeting a reduction in snakebite-related deaths by 2030 under National Action Plan for Prevention and Control of Snakebite Envenoming (NAPSE).
Source: bit.ly/3OMt38U

5. The Bharatiya Vayuyan Vidheyak, 2024, a bill replacing the Aircraft Act of 1934, was passed in Parliament during the Winter Session. The legislation aims to streamline aviation manufacturing, maintenance, and regulatory processes, ensuring ease of doing business.
Source: bit.ly/3VpbeAJ

Posted on

TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

1. The Madras High Court has refused to impose a ban on advertisements by doctors and hospitals in the media, stating that it cannot expect media outlets to verify every advertisement on fake drugs, hospitals and treatments. The court acknowledged concerns about misleading advertisements and stated that doctors and hospitals should have self-regularisation and in case of violation the Medical Commission should take action.
Source: bit.ly/3CzfDu4
2. The Supreme Court of India raised serious concerns about live surgery broadcasts, citing risks to patient safety and informed consent. The court noted the absence of officials from the National Medical Commission and the Central Government during a hearing, emphasizing the need for guidelines to regulate such practices effectively.
Source: bit.ly/4fyc8CM3.

3. The Union Minister for Chemicals and Fertilizers, Jagat Prakash Nadda, has launched a new initiative called the “Scheme for Strengthening the Medical Device Industry,” to enhance manufacturing, skill development, clinical studies, and infrastructure in the medical device sector. It includes five sub-schemes designed to reduce import dependence and promote domestic production, ultimately supporting India’s goal of self-reliance in healthcare.
Source: bit.ly/4fjICRq

4. The Supreme Court of India has ordered the government to enforce mandatory accessibility rules under the Rights of Persons with Disabilities (RPWD) Act, 2016 emphasizing the need for compliance to ensure public spaces are accessible for disabled individuals. The court has given the government three months to establish clear guidelines and penalties for non-compliance.
Source: bit.ly/3UNULWl

5. Reportedly, government entities in India are exempt from the Digital Personal Data Protection (DPDP) Act, 2023, which permits them to process personal data under specific circumstances without following the Act’s normal provisions. Hospitals, however, are not granted this exemption and must therefore abide with data privacy regulations.
Source: bit.ly/3CkdRwZ