With the changing times Hospital & Healthcare providers operate inside one of the most regulated sector in India and fines, sanctions, exclusions and prosecutions are on the rise. Both government enforcement agencies and the judiciary have increased the introduction of regulations recently. The analysis shows that these regulations continue to increase, resulting in an even greater need for robust, mature and effective compliance programs to these strict regulations.
Worse still, the rules and regulatory requirements are in a constant state of flux, challenging compliance departments to be vigilant in adapting their auditing and monitoring processes and other oversight techniques to the changes in the regulations.
At Kashyap and Kashyap we are able to provide practical advice on how best to navigate these complex issues, minimise risk, and accomplish your business objectives in the safest way possible.
An Intricate Process
In India, Healthcare features a universal healthcare care system run by the constituent states and territories. There is an obligation on the part of society which is imposed by the competent authority, and noncompliance may lead to punishment in the form of monetary fine or imprisonment or both. Medical compliance is regulated by a number of laws in India, with the main regulating authority being Medical Council of India.
Depending on the set up, a medical facility may be subject to multiple overlapping areas of law, including:
- Medical Council Act, 1956
- The Clinical Establishment Act, 2010
- Companies Act, 2013
- Radiation Protection Certificate from BARC
- Delhi Electricity Regulatory Commission Regulations 2002
- Electricity Act, 1998
- Delhi Fire Prevention and Fire Safety Act, 1986
- Delhi Lift Rules 1942
Our lawyers analyse proposed and actual arrangements, evaluate compliance and billing matters, draft and negotiate contracts, and prepare and file self-disclosures, as well as counsel health care industry participants on day-to-day operations.
Full Range of Practice Serving Healthcare Clients: Kashyap and Kashyap offers corporate, regulatory, transactional, litigation, and intellectual property capabilities for all types of healthcare industry clients. This practice incorporates data privacy and security proficiency.
Practice Integration: Our healthcare practice is not segregated—our lawyers work closely together across practice areas to serve our clients. For example, if appropriate for a given matter, lawyers from our corporate, contracts, litigation, and IPR practice groups may form a team to provide the most cost-effective representation for the client.
Long-term constructive relationships with regulators. We understand how regulators and enforcement officials think and what it takes to advocate for clients in a manner that builds a constructive relationship with the government.
Our offices use only the most selected and qualified lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.