The Lahore High Court affirms the authority of the Punjab Healthcare Commission to establish medical pricing.

Justice Raheel Kamran Sheikh of the Lahore High Court has rejected petitions submitted by Shaukat Khanum Memorial Cancer Hospital and other private healthcare entities contesting the authority of the Punjab Healthcare Commission to regulate medical pricing.

In his comprehensive 24-page ruling, Justice Sheikh determined that the Commission possesses full legal jurisdiction to establish and oversee pricing for hospitals, laboratories, and other medical services throughout Punjab.

The ruling asserted that healthcare services are not just commodities but a vital aspect of human existence. Justice Sheikh noted that healthcare is encompassed under the fundamental right to life and human dignity as stipulated by the Constitution. He asserted that every individual had the fundamental right to prompt and high-quality medical care, while the state is obligated to guarantee that healthcare facilities are available, accessible, and inexpensive for everyone.

The ruling clarified that this state obligation encompasses the regulation and oversight of private healthcare facilities. The court observed that, in the absence of such regulation, unregulated private hospitals and laboratories might take advantage of the public.

The petitioners, including Shaukat Khanum Memorial Trust, contended that the Punjab Healthcare Commission Act of 2010 solely permits hospitals to exhibit their price lists, rather than granting the Commission the authority to establish them. Counsel representing Shaukat Khanum asserted that the Punjab government lacked the authority to regulate an entity functioning at the interprovincial level. Other institutions asserted that the pricing limits were enacted without substantiation of overcharging.

The attorney for the Punjab government asserted that health falls under provincial jurisdiction. The Commission’s attorney stated that price regulation is crucial for upholding quality standards and preventing exploitation, emphasizing that the legal authority for such regulation is explicitly granted by statute. The court agreed, noting that diagnostic laboratories are essential to the healthcare system and that controlling their rates is legally permissible.

Justice Sheikh determined that price regulation benefits the public and safeguards citizens against exploitation. As a result, the court deemed all petitions inadmissible and dismissed them.