• Regarding empanelment of hospital under PMJAY

I am a doctor and I have a hospital in deoghar jharkhand. I want my hospital to get empanelled in PM ayushman bharat yojna. I have fulfilled all the required criteria that are mentioned on the website. Still my application is repeatedly rejected. Every time i reapply they mention a new retirement. I have been told off records that the insurance companies do not want new empanelment to cut costs. How can i seek a legal opinion in this matter
Asked 4 years ago in Civil Law

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16 Answers

1. You may file RTI with concerned office and you may ask for details required for empanelment, after a requirement are sent you may file a fresh application seeking empanelment as per thes requirement keep record of same. If after that they reject you may write a representation before centre and state government if they fail to respond file a petition in high court making them parties.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file writ petition in HC against rejection of your application 

 

mention that you fulfil all the criteria but application is repeatedly rejected 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You should have filed appeal to the State Empanelment Committee against the rejection of application for empanelment. If you are applying online than better apply directly DEC in person.

There cannot be strict procedure/eligibility to follow to get and State Governments will have the flexibility to revise/relax the empanelment criteria.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You need to first file representation and seek reasons under RTI from them. Later you need go file writ petition in high court against them

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You should file a writ petition in the high court and ask the high court to direct the authorities to eveal the reasons for repeated rejections.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Please issue a legal notice to. Ministry of Aayush, Health and Family Welfare New Delhi for explanation of being rejected for empanelment on PM ayushman bharat yojana.

Please approach Ministry of Health and Family Welfare for RTI Act information about qualifying the best possible and effective way to get your hospital empaneled on PM ayushman bharat Yojna.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file appeal/writ petition against such rejection by the department. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Well, if the regulations cited by the Ministry of Health is complied with then it is bound to empanel you.

2. if it does not and come out with new requirement which is not officially mentioned in the website then you can challenge this.

3. So for refusal for this empalement file writ petition in high court .

4. Every pubic ationa s in your case is Juridically Rreviewable. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Please write to AAUSH MANTRALAYA Govt.of INDIA they will definitely help you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

If the reasons given by the authorities concerned while rejecting your application, you may collect the reasons and confirm if they are genuine  or without following the procedures of law.

If the reason for rejection is not genuine and if you have examples of such cases being approved earlier,then collect the evidences and file a writ petition before high court seeking remedy and releif of getting em-paneled.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

File a writ petition in high court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you have fulfilled the criteria then you may challenge the rejection of your application by filing a writ petition in the High Court.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Under Article 226, a writ petition can be filed before High Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- As per guidelines , the states are free to decide the mode of verification of empanelment application, conducting the physical verification either through District Empanelment Committee or using the selected insurance company .

- Hence , if you have fulfilled the requirement , then as per direction , without the verification , rejection of the application is against the law. 

- You can lodge your complaint before the Ministry of Health , after forwarding the said application , and thereby ask for explanation for the rejection . 

- If no response, then you should file a Writ petition before the High court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

 

From examining all the facts of your query I want to say that-

Doctor, you must have read guidelines for process of empanelment. It states that if the application is rejected, the hospital will be intimated of the reasons on the basis of which the application was not accepted and comments supporting the decision will be provided on the PMRSSM web portal. Such hospitals shall have the right to file a review against the rejection with the State Health Agency within 15 days of rejection through the portal. In case the request for empanelment is rejected by the SHA in review, the hospitals can approach the Grievance Redressal Mechanism for remedy.

 

Firstly, you can file a Right to Information (RTI) application. An applicant who desires to obtain any information under the RTI Act can make a request through this Web Portal to the Ministries/Departments of Government of India. Fee for making an application is as prescribed in the RTI Rules, 2012. It is very nominal fee of Rs. 10. Status of the RTI application/first appeal filed online can be seen by the applicant/appellant by clicking at "View Status". Right to Information Act 2005 mandates timely response to citizen requests for government information. The basic object of the Right to Information Act is to empower the citizens,promote transparency and accountability in the working of the Government,contain corruption, and make our democracy work for the people in real sense.It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.The Act is a big step towards making the citizens informed about the activities of the Government. The applicant will get an email and sms alert on submission of application. After the reply is received you can take appropriate action. Detailed discussion is required in such cases.

 

 

You may contact my secretary to connect with me for clarification.

I hope you & your family are safe and healthy during Covid-19.

 

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India  

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

1. You should file an RTI application for getting details of the hospitals empanelled in last 2 or 3 years and criteria Under which the empanelment was allowed. 

2. After getting details compare the criteria with your hospital and if you have better facilities than those hospitals then you should file writ petition against health department.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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