MOST URGENT ......
UPDATE ON RENEWAL OF NURSING HOME REGISTRATIONS ISSUE .....
Dear Friends, You are all aware that the BMC has issued a circular to all Medical officers not to renew the registrations of all Nursing Homes in Mumbai unless they submit the Change of User Certificate under Section 51(3) of the DC Rules of 1991 along with the renewal application. This has led to the situation that a majority of the Nursing Homes in Mumbai will face closure after 31st of March 2010. This decision of the BMC follows a High Court judgment in the Dr Nerkar VS Dadar Avanti Society which has in effect made it mandatory for all Nursing Homes to have a separate access/staircase. This decision was subsequently upheld by the Supreme Court. AMC had filed a petition to intervene in this case which was rejected by the Supreme Court. The learned judges of the Supreme Court had suggested that we approach the Government for relief in the form of amending the DC Rules.
After the Supreme Court ruling AMC made efforts to meet the Chief Minister in order request him to amend the DC Rules and in some way offer protection to all existing Nursing Homes. After a great deal of effort we had a meeting with the Chief Minister about 3 weeks ago. He immediately grasped the seriousness of the issue but also expressed the view that in view of the Supreme Court Ruling the Government would need to tread cautiously. He immediately directed the Urban Development Secretary to meet us and understand the problem and make efforts to solve the impasse. We then met the Urban Development Secretary Mr. Manu Kumar Shrivastav and appraised him about the problem. He directed us to meet the Municipal Commissioner as any proposal to amend the DC Rules needs to be initiated by the BMC. We therefore met the Municipal Commissioner Mr. Swadhin Kshatriya this week. He too was most cooperative and promised all possible steps to resolve the issue. He asked us to meet the Additional Commissioner Mrs. Manisha Mahiskar. We met her on the same day. She called the Executive Health Officer Dr Girish Ambe also for the meeting. She told us that Nursing Homes facing this problem fall into 4 broad categories.
1) Nursing Homes Prior to 1962.
2) Nursing Homes between 1962-1991
3) Nursing Homes after 1991 which had the Change of User from the Commissioner but no separate staircase
4) Nursing Homes after 1991 which do not have the Change of User
She felt that the first 3 categories deserve some sort of consideration. About the 4th category she felt that it is doubtful if the BMC could offer any help to this category. We proposed to her that the DC Rules should be amended so that all existing Nursing Homes will be protected which will include the 4th Category also. She however said that any amendment to the DC Rules will have a prospective effect and cannot be retrospective. This means that even if the DC Rules get amended then the 4th Category can be protected only if they reapply for the Change of User.
We have been invited to a meeting in her Chambers on the 25th of February 2010 in which she has also invited the Director of the Building Proposals Department, the Executive Engineer Buildings and Roads, Executive Health Officer and the Law Officer of BMC. This meeting is likely to be crucial.
We hope to convince the BMC to pass a law regularizing all existing Nursing Homes on the lines of the law passed to regularize the buildings in the township of Ulhasnagar. We need data from all Nursing Homes as to which category they fall under. This will be useful in projecting the figures of number of beds (both General and Maternity) which will be affected. We request all Nursing Home owners to send their details with the number of beds and which Category they fall under to the AMC office by fax/email at the earliest. Please treat the matter as MOST URGENT.
Dr Sudhir Naik Dr Suhas Kate Dr Ajay Hariyani Dr Rajeev Walawalkar
Hon Treasurer President Secretary President Elect
