Lahore High Court Justice Raheel Kamran has issued a major decision regarding hospitals and laboratories.
Justice Raheel Kamran Sheikh dismissed the petitions filed by Shaukat Khanum and other institutions challenging the powers of the Health Care Commission to fix prices for hospitals, laboratories, and other medical institutions.
In the written judgment, the honorable judge stated that the Health Care Commission has the authority to set prices for hospitals, laboratories, and other medical institutions. The Punjab Health Care Commission has complete legal authority for price determination and monitoring.
He issued a 24 page written judgment on the petitions of Shaukat Khanum and other hospitals and laboratories. Justice Raheel Kamran Sheikh wrote in the decision that health care services are not merely commercial commodities but an essential part of human life.
The judgment stated that health care services are part of the fundamental right to life and human dignity under the Constitution. Access to timely and quality treatment is every citizen’s constitutional right. It is the responsibility of the state to ensure that health facilities are available, accessible, and affordable for everyone. The state’s responsibility extends to regulating and monitoring health services in the private sector as well. Private hospitals and institutions without regulation can lead to public exploitation.
The court noted in the judgment that the petitioners argued that the Commission had no authority to fix health service prices and that, under the 2010 Act, it could only instruct institutions to display a price list.
The lawyer for Shaukat Khanum Trust stated that the Punjab government cannot regulate the affairs of an inter-provincial institution. During the hearing, other institutions argued that price control had been imposed based on unproven allegations of overcharging, while the Punjab government’s lawyer maintained that health matters fall within the provincial jurisdiction.
The lawyer for the Health Care Commission stated that price determination is essential for improving quality, and the Commission has clear authority for price regulation under the law. The court observed that diagnostic laboratories are an essential and fundamental part of the health system.
Issuing the written judgment, the court stated that the regulation of diagnostic labs and their prices falls within the scope of the law, and price determination is necessary to protect public interest and prevent exploitation. All petitions were declared inadmissible and dismissed.
