Immediate treatment for accident victims, no need to pay in advance: Important notice to hospitals
It is considered necessary to reiterate and direct the enforcing agencies and Accident victims regarding the provisions of law and Schemes prevailing in Karnataka regarding the treatment of accident victims in the state.
I. Provisions under the Karnataka Private Medical Establishments Act 2007:-
In this Act "Accident victim" means not only road accident cases but also includes accidental or induced burns or poisoning or criminal assaults and the like which are medico legal or potential medico legal cases.
Whenever such accident victim comes to a medical establishment or brought before a medical establishment he should be treated in such emergencies without insisting on advance payment. (see section 11 (i) of the Karnataka Private Medical Establishments Act 2007. Whoever contravenes this provision shall be liable for fine upto rupees one lakh under section 19(5) of the said Act.
Every Registration and Grievance redressal authority and Officers of Health and Family Welfare Department shall be responsible for implementation of the Provisions of this Act and lodge complaint in case of contravention of provisions of this Act.
II. Provisions Under the Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 2016:-
Further, as per section 6 of the Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 2016, whenever a Road accident victim presents himself or is brought before a medical establishment, Every hospital shall be required to provide immediate medical screening services and first-aid at free of cost and the appropriate treatment as it considers necessary, in order to improve the health conditions and recovery of any such injured person:
Provided that a hospital without the requisite facilities or qualified personnel, that is unable to render such appropriate treatment, shall provide such treatment or measure within its capacity which minimizes the risks to the injured person's health, in order to stabilize him. before any transfer is issued by such hospital, along with all medical records, or copies thereof, related to the medical conditions of the injured person, available at the time of transfer, including records related to the injured person's conditions, observations of signs or symptoms,
preliminary diagnosis, treatment provided and the results of any tests conducted, to the nearest hospital where such appropriate facilities available. or personnel and space are
(2) Without prejudice to sub-section (1), no hospital shall deny or delay in first-aid or treatment to an injured person for any delay in furnishing medical costs or expenses."
In this Act, "hospital" means any recognized hospital either empanelled under SAST scheme or not. As per section 11(4) of the said Act a provision is made for reimbursement of expenses incurred by the hospital towards treatment of accident victim as follows "(4) Notwithstanding anything contained in section 6 of this Act, the Government may subject to rules made in this regard to make provision for the reimbursement of charges or expenses incurred by the hospital towards the treatment provided, if such hospital was unable to recover a reasonable minimum proportion of costs or expenses incurred for such appropriate treatment rendered, then that hospital may apply to an appropriate authority, that is, District Registration and Grievance Redressal Authority within six months after the date of commencement of such rules. On such application the hospital if it is an empanelled hospital under SAST scheme will be eligible for reimbursement of the expenses incurred presuming the preauthorisation. If the hospital is not an empanelled under SAST scheme such hospital will be eligible for reimbursement of expenses incurred towards such victim for first aid and stabilization of the victim and transportation to the empanelled traumacare hospital at the rates admissible in SAST rates. The amount will be reimbursed from the Appropriate Authority.
Under section 19 of the said Act, if, an hospital contravenes the provisions of section 6 of the said Act, for such offence it shall be liable for "(2) If an offence under Chapter IV of this Act leads to the death of an injured victim, it shall be considered to be a case of medical negligence and criminal proceedings may be initiated against the hospital. It may attract section 106 if the Bharatiya Nyaya Samhita 2023 which is imprisonment up to two years and under this Act, the hospital shall be liable to pay a fine which may extend to ten thousand rupees for the first offence, a fine which may extend to fifty thousand rupees for any second offence and a fine which may extend to five lakh rupees for any subsequent offence: Provided that nothing in this section shall prevent the authority concerned from revoking the license of a hospital if it deems this to be necessary in the case of serious or repeated negligence of offence."
Every Appropriate Authority designated under this Act shall be responsible for implementation of provisions of this Act.
III. Provisions under the Motor Vehicles Act, 1988 and rules made there under: -
Under The Motor Vehicles Act, 1988, section 134 (a) provides that, it shall be the duty of every registered Medical Practitioner or the doctor on duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any formalities.
Section 187 of the Motor vehicles Act, 1988 provides that Whoever fails to comply with the provisions of clause (c) of sub-section (1) of section 132 or of section 133 or section. 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Therefore, it shall be the duty of every registered Medical Practitioners render treatment to Accident victims.
Under the Cashless treatment of Road Accident Victims Scheme, 2025 framed by Government of India under section 215 of the Motor Vehicles Act, 1988, under rule 3(2) a road accident victim shall be eligible for cashless treatment in any designated hospital for an amount up to rupees one lakh fifty thousand per victim for period of seven days from the date of accident. The State Government may designate all hospitals capable of providing trauma and poly trauma care to victims as designated hospital.
The State Road Safety Council shall be the nodal agency for implementation of this scheme along with The State Health State Agency. The expenses incurred by the designated hospital will be reimbursed from the Motor Vehicles Accident Fund constituted under the Central Motor Vehicles (Motor Vehicles Accident Fund) Rules 2022.
IV. Cashless treatment for Accident victims scheme in Karnataka:-
Further, it is brought to the notice of all that the state Government has also brought the scheme of cashless treatment for Accident Victims up to 48 Hours with 76 lifesaving services at approved SAST package rates in Government Hospitals, all medical colleges and hospitals empanelled under SAST scheme (vide G.O. HFW 102 CGE 2022 dated. 8-4-2022).
Therefore, it is hereby directed that every registered medical Practitioner and every Medical establishment shall provide first aid and stabilize the accident victim without any delay or deny, failing which he shall be liable for punishment as specified above. Every authority responsible for implementing the above provisions shall take immediate steps to facilitate the accident victim to procure these Health care facilities.
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