THE ALL INDIA SERVICES (MEDICAL ATTENDANCE) RULES, 1954
Rule 8. Treatment at residence. -
Government of India Decisions
1. AMA could allow a member of Service for treatment at his residence if suitable facilities consistent with his/her status are not available at the govt. hospital: -
Under rule 2(k)(v), treatment is defined to include ‘such’ accommodation as is ordinarily provided in the hospital to which the patient is admitted and is suited to his status. If, therefore, the authorised medical attendant is of the view that suitable facilities consistent with the status of the member of the Service are not available at the Government hospital, he could, under sub-rule (1), allow the member of the Service to receive medical treatment at his residence.
[G.I. MHA letter No. 7/16/60-AIS (III), dated 04-03-1961.]
2. It is the discretion of the AMA to decide the remoteness of a hospital considering the condition of the patient and distance of the hospital from the residence of the patient: -
As ‘remoteness’ has not been defined in the rule, a doubt was raised as to whether any criteria, which should guide authorised medical attendants, in determining whether, in a particular case, a hospital was remote or not, had been prescribed.
2. It is not practicable to prescribe any absolute definition of remoteness in respect of any particular hospital merely with reference to its location, i.e. physical distance. A hospital may be at a considerable distance from the residence of a patient; but the condition of the patient may be such that he could safely be asked to get treatment in that hospital. On the other hand, there may be a patient whose condition is such that he may not be able to attend the same hospital or even a hospital, which is nearer, but may have to be given treatment at his residence. Thus a hospital, which is not remote, for one case may have to be considered as remote for certain other cases. That is why, in this, as in number of other matters under these rules, complete discretion has been vested in the authorised medical attendant. He is trusted to decide each case on its merits after taking into consideration the location of the hospital, the condition of the patient and the severity of illness. Any certificate issued by him may, therefore, be accepted by audit authorities without question.
[G.I. MHA letter No. 7/2/61-AIS (III), dated 19-04-1961.]
3. Members of the family of a member of Service are entitled to received treatment at their residence if certified by AMA: -
Under rule 8 read with rule 4, the family of a member of the Service is entitled to receive treatment at their residence only if certificates prescribed in sub-rule (3) of Rules are furnished by the Authorised Medical Attendant.
[G.I. MHA letter No. 7/9/64-AIS (III), dated 17-07-1964.]
4.1 Member of Service and his/her members of the family are entitled to receive treatment at their residence if certified by AMA and claim reimbursement thereon: -
The Government of India have held that if the Authorised Medical Attendant is of the opinion that suitable facilities for hospitalisation are not available, or the condition of the patient is such that he cannot be shifted to the hospital without risk of deterioration in his health, he may give treatment to the member of the Service (or the member of family) at his residence. In case where illness is not severe or the disease is of a chronic nature, the patient should consult the Authorised Medical Attendant, either at his consulting room (if it has been so maintained) or in the hospital as an out-door patient.
4.2 However, if an Authorised Medical Attendant, of his own free will, examines a patient at his/her residence and prescribes medicines, there is no objection if the State Government permits reimbursement of the cost of the medicines.
[G.I. MHA letter No. 7/7/64-AIS(III), dated Feb. 1965.]