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Supreme Court Grants Interim Protection to Kerala Private Hospitals Against HC Directions on Display of Services and Rates

Supreme Court Grants Interim Protection to Kerala Private Hospitals Against HC Directions on Display of Services and Rates

Kerala Hospitals Interim Protection

The Supreme Court on Tuesday granted interim protection to members of the Kerala Private Hospitals Association, directing that no coercive action be taken against them for the time being in connection with the Kerala High Court’s directions requiring hospitals to display details of services offered and corresponding rates.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice on the appeal filed by the hospitals’ association challenging the High Court judgment, and posted the matter for further hearing on February 3, 2026. The Court also sought responses from the State of Kerala and the Union of India, impleaded the Union Ministry of Health and Family Welfare as a respondent, and requested Solicitor General Tushar Mehta to assist the Court.

While considering interim relief, the Bench noted that the HC through an earlier order dated July 3, 2025, had restrained authorities from taking coercive steps against member hospitals. Recording the submission that the hospitals would apply for permanent registration under Section 19 of the Kerala Clinical Establishments (Registration and Regulation) Act, the Court directed that no coercive action shall be taken until the next date of hearing.

Senior Advocate Gopal Sankaranarayanan, appearing for the hospitals’ association, highlighted practical difficulties in implementing the High Court’s directions, particularly the requirement to display exhaustive lists of services and package rates. He submitted that treatment costs vary widely depending on patient-specific factors and medical complications, and that non-compliance could result in cancellation of registration and criminal prosecution. He also argued that the Kerala statute imposes stricter obligations than the central clinical establishments law, which does not apply to the State.

Opposing the plea, Advocate Siddharth R. Gupta, appearing for a Human Rights’ association on behalf of the patients, argued that the High Court’s directions relate only to baseline and commonly performed procedures, and are essential to ensure transparency and patient welfare. He contended that hospitals had effectively stalled implementation of a welfare legislation enacted several years ago.

The Kerala High Court judgment under challenge upheld the constitutional validity of key provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and issued detailed directions requiring hospitals to disclose information such as available facilities, bed categories, ICU and diagnostic services, ambulance details, and baseline procedure charges, to be displayed in Malayalam and English at reception areas and on hospital websites. The High Court had also held that non-comp