Ima Opposes Proposed Maharashtra Clinical Establishments Act

The Indian Medical Association (IMA), Maharashtra, has opposed the proposed Maharashtra Clinical Establishments (Registration and Regulation) Act, 2026, alleging that the draft legislation has been prepared without adequate consultation with the medical fraternity and could create an ‘Inspector Raj’ that would adversely affect healthcare institutions, particularly smaller hospitals.

In a representation submitted to public health minister Prakash Abitkar last week, the IMA Pune and Hospital Board of India (HBI), Pune chapter, have expressed concern over several provisions reportedly proposed in the new legislation. The organisations have said that the draft has not yet been officially shared with the stakeholders and that medical associations have not been adequately consulted before the proposed law is finalised.

According to the representation, registration fees for hospitals have been substantially increased, manpower requirements have been made more stringent despite a shortage of trained nurses and healthcare workers, and many existing hospitals have been asked to undertake costly infrastructure modifications. The IMA has also raised concerns over fire safety compliance norms, stating that obtaining fire NOCs remains difficult for small hospitals due to space constraints, procedural hurdles and financial limitations.

The IMA has demanded that hospitals with fewer than 40 beds be kept outside the ambit of the proposed legislation. It has argued that smaller healthcare facilities are already struggling with rising compliance costs, manpower shortages and regulatory requirements.

According to the IMA, media reports suggest that the proposed law will make registration mandatory for all clinical establishments and prescribe penalties of up to ₹5 lakh and imprisonment of up to six months for violations. The doctors’ body said that such stringent provisions could lead to harassment of healthcare institutions and create an atmosphere of fear among medical practitioners.

Dr Sunil Ingale, immediate past president, IMA, Pune, said, “Before implementing any new regulatory framework, the government should place the official draft in the public domain and hold detailed consultations with medical associations. Regulatory standards must be practical, implementable and sensitive to the realities faced by small and medium hospitals, which form the backbone of healthcare delivery in many parts of Maharashtra.”

Whereas Dr Sanjay Patil, national secretary, HBI, said, “The official draft has not yet been made available for discussion. Based on the information available in the public domain, several proposed provisions appear extremely stringent and concerning. Penal provisions such as fines of up to ₹5 lakh and imprisonment could create an ‘Inspector Raj’ and seriously impact the functioning and survival of small and medium hospitals.”

A senior health official, on condition of anonymity, said, “In the past, a few meetings were held with the medical fraternity to discuss the proposed bill. The bill is likely to be presented in the ongoing assembly session for approval. However, before implementing, the proposed draft will be discussed with the medical fraternity and associations, and there will be no injustice.”

The state government is planning to introduce the law in the ongoing assembly session to regulate hospitals, clinics, nursing homes and diagnostic centres across Maharashtra. The proposed legislation aims to replace the Bombay Nursing Homes Registration Act (BNHRA), 1949, and establish a comprehensive framework for registration, regulation, inspection and standardisation of healthcare facilities, officials said.

Apart from the proposed legislation, the IMA has also urged the state government to reconsider the contentious provisions of the 2021 BNHRA amendments, simplify fire NOC and environmental compliance norms, and engage with healthcare stakeholders before finalising the proposed Maharashtra Clinical Establishments Act.

Despite repeated attempts, Abitkar could not be reached for comment.