Medical Tourism Regulatory Framework In India: Ensuring Safety

In the bustling world of medical tourism, India is emerging as a sought-after destination for individuals seeking world-class healthcare and wellness experiences. Offering top-notch treatments that are not only affordable but also accompanied by a vibrant cultural experience, India has become a popular choice for medical tourists from all over the globe. However, with the growth of this industry comes the need for a robust regulatory framework to ensure the safety and well-being of patients. In this article, we explore the importance of implementing a comprehensive medical tourism regulatory framework in India to ensure the highest standards of safety for patients seeking treatments in the country.

Medical Tourism Regulatory Framework In India: Ensuring Safety

Table of Contents

Introduction to Medical Tourism in India

India has emerged as one of the leading destinations for medical tourism, attracting visitors from all over the world seeking high-quality healthcare at affordable prices. The country’s thriving medical tourism industry has witnessed significant growth in recent years, fueled by several factors that make India an attractive choice for individuals seeking medical treatments. With its state-of-the-art healthcare facilities, highly skilled medical professionals, and unparalleled hospitality, India has positioned itself as a leading player in the global medical tourism market.

Overview of Medical Tourism Industry in India

The medical tourism industry in India encompasses a wide range of medical and wellness services, including specialized treatments, surgeries, diagnostics, preventive care, and alternative therapies. Patients from different parts of the world seek medical treatment in India for a variety of reasons, including the availability of advanced medical technologies, access to world-renowned healthcare professionals, shorter wait times, and significantly lower treatment costs compared to their home countries.

Primary Reasons for the Growth of Medical Tourism in India

There are several key factors contributing to the rapid growth of medical tourism in India. Firstly, the country’s healthcare system is renowned for its high standards of medical care and expertise. Indian hospitals and clinics are equipped with state-of-the-art medical equipment and infrastructure, often comparable to the best facilities around the world. Additionally, India boasts a large pool of highly skilled healthcare professionals, including doctors, surgeons, and nurses, who are widely recognized for their proficiency and expertise.

Another significant factor driving the growth of medical tourism in India is the cost advantage. Medical treatments in India are considerably more affordable than in many developed countries, including the United States, Europe, and Australia. This cost advantage, combined with the high quality of medical care provided, offers patients the opportunity to save a substantial amount of money while receiving world-class treatment.

Benefits of Medical Tourism in India

Medical tourism in India offers numerous benefits to patients and their companions. Apart from the cost savings, patients can experience the rich cultural heritage and diversity that India has to offer. Many medical tourists choose to combine their treatment with a vacation, exploring historical sites, enjoying traditional cuisines, and immersing themselves in the vibrant Indian culture. This unique blend of healthcare and tourism makes the medical tourism experience in India truly memorable.

Additionally, medical tourists in India have access to a wide range of specialized treatments and procedures that may not be available or affordable in their home countries. Whether it’s advanced cardiac surgeries, organ transplants, cosmetic procedures, or alternative therapies, India offers a comprehensive range of healthcare services to cater to diverse medical needs.

The Need for a Regulatory Framework

While the growth of medical tourism in India presents numerous opportunities, it also poses certain challenges and risks that need to be addressed. It is crucial to establish a robust regulatory framework to ensure the safety and well-being of medical tourists, while maintaining the high standards of healthcare services provided in the country.

Challenges and Risks Associated with Medical Tourism

Medical tourism involves the movement of patients across international borders, often seeking treatments and surgeries that are not available or affordable in their home countries. This creates several challenges and risks, including differences in medical standards and practices, language barriers, lack of familiarity with local healthcare laws and regulations, and potential complications during or after medical procedures. It is essential to address these challenges to safeguard the interests of patients and healthcare providers involved in medical tourism.

Importance of Ensuring Safety in Medical Tourism

Safety is paramount in any healthcare setting, and it becomes even more crucial in the context of medical tourism. Patients traveling to another country for medical treatment should receive the same level of safety and care as they would in their home countries. Establishing a robust regulatory framework ensures that medical tourists are protected from potential risks and complications, and promotes confidence in the quality and safety of healthcare services in the destination country.

Existing Regulatory Bodies and Their Roles

India has several regulatory bodies and government agencies responsible for overseeing and regulating the medical tourism industry. The Ministry of Health and Family Welfare plays a vital role in setting policies and guidelines for healthcare providers and medical tourists. The Medical Council of India is responsible for the registration and regulation of medical practitioners, ensuring that medical professionals adhere to ethical standards and provide quality healthcare. Additionally, the National Accreditation Board for Hospitals and Healthcare Providers (NABH) accredits healthcare facilities, ensuring they meet stringent quality standards and patient safety protocols.

Laws and Regulations Governing Medical Tourism in India

Several laws and regulations govern medical tourism in India to protect the interests of patients and ensure the highest standards of healthcare. The Clinical Establishments (Registration and Regulation) Act, 2010 establishes norms for the registration and regulation of all clinical establishments, including hospitals, clinics, and diagnostic centers. The Consumer Protection Act, 2019 safeguards the rights of patients and provides a legal framework for addressing complaints and grievances related to medical treatments. These laws, combined with ethical guidelines, aim to create a safe and transparent environment for medical tourism.

Medical Tourism Regulatory Framework In India: Ensuring Safety

Ethical Guidelines for Healthcare Providers

Healthcare providers in India are bound by ethical guidelines that govern their conduct and ensure the well-being of patients. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002 outlines the ethical responsibilities of medical professionals, including the duty to provide treatment with honesty, integrity, and competence, maintain patient confidentiality, and obtain informed consent. These guidelines promote ethical practices and contribute to patient trust and confidence in the healthcare system.

Patient Rights and Responsibilities

Medical tourists have certain rights and responsibilities that they should be aware of to protect their interests and ensure a positive healthcare experience. These include the right to access quality healthcare, information, and informed consent, as well as the right to privacy and confidentiality. Patients also have the responsibility to provide accurate medical information, comply with prescribed treatments, and respect the cultural values and norms of the host country. Educating patients about their rights and responsibilities is essential to establish a harmonious relationship between healthcare providers and medical tourists.

Accreditation and Quality Assurance

Accreditation plays a crucial role in ensuring the safety and quality of healthcare facilities involved in medical tourism. Accreditation is a voluntary process in which healthcare institutions undergo rigorous assessments to demonstrate compliance with predefined quality parameters and standards. Accreditation bodies in India, such as the National Accreditation Board for Hospitals and Healthcare Providers (NABH) and the Joint Commission International (JCI), evaluate healthcare facilities based on various criteria, including patient safety, infection control, infrastructure, and clinical outcomes. Accreditation provides assurance to medical tourists that they are receiving care from trusted and competent healthcare providers.

Accreditation Bodies in India

The National Accreditation Board for Hospitals and Healthcare Providers (NABH) is the principal accreditation body in India, responsible for accrediting healthcare organizations and promoting quality and patient safety in healthcare delivery. NABH has developed comprehensive standards and protocols for healthcare facilities, covering various aspects such as patient rights, infection control, infrastructure, and clinical care. The Joint Commission International (JCI), an international accreditation body, also operates in India, providing accreditation to healthcare facilities that meet global standards of patient care and safety.

Quality Parameters and Standards for Healthcare Facilities

Accreditation bodies in India assess healthcare facilities based on several quality parameters and standards. These parameters include infrastructure requirements, infection control practices, patient safety protocols, clinical care guidelines, governance and leadership, and patient satisfaction. Compliance with these standards ensures that medical tourists receive care that meets international benchmarks and guarantees their safety and well-being.

Importance of Standardized Healthcare Practices

Standardization of healthcare practices is vital to maintain consistency, quality, and safety across different healthcare settings. In the context of medical tourism, standardized practices ensure that medical tourists receive consistent and reliable care, irrespective of the healthcare facility they choose. Implementing standardized clinical guidelines and protocols helps healthcare providers deliver evidence-based care, optimize patient outcomes, and minimize the risk of complications or errors.

Implementation of Clinical Guidelines and Protocols

Healthcare facilities in India are increasingly adopting clinical guidelines and protocols to standardize healthcare practices. These guidelines outline best practices for the diagnosis, treatment, and management of various medical conditions, ensuring uniformity of care across different healthcare settings. By following standardized protocols, healthcare professionals can provide consistent and effective treatment to medical tourists, enhancing patient safety, and minimizing treatment variability.

Training and Education of Healthcare Professionals

Ensuring the competence and proficiency of healthcare professionals is crucial to maintain quality and safety in medical tourism. Continuous training and education programs are essential to update healthcare professionals on the latest advancements, research, and best practices in their respective fields. By investing in the training and development of healthcare professionals, India can enhance the expertise and skills of its medical workforce, further bolstering its position as a preferred medical tourism destination.

Patient Safety and Risk Management

Patient safety is of paramount importance in medical tourism and should be a top priority for all healthcare providers. Several measures can be implemented to ensure patient safety, including robust infection control practices, adherence to international standards, appropriate pre- and post-operative care, and effective communication between healthcare professionals and patients. Additionally, comprehensive risk assessments should be conducted to identify potential risks and develop strategies to mitigate them. This proactive approach to risk management minimizes the occurrence of adverse events and ensures a safe and positive healthcare experience for medical tourists.

Medical Tourism Regulatory Framework In India: Ensuring Safety

Handling Medical Emergencies and Complications

Despite stringent safety measures, medical emergencies and complications can occur. Healthcare facilities catering to medical tourists should have well-defined protocols and procedures in place to handle such situations promptly and effectively. This includes having a dedicated emergency response team, adequate facilities for resuscitation and critical care, and access to specialized consultants round-the-clock. Establishing efficient systems for the management of medical emergencies contributes to patient confidence and reassurance in the healthcare services provided.

Transparency and Information Sharing

Transparency and information sharing are vital aspects of medical tourism that contribute to patient trust and satisfaction. Medical tourists should have access to transparent information about the healthcare providers, treatment options, costs, and potential risks associated with medical procedures. Governments play a crucial role in promoting transparency by enforcing regulations that mandate the disclosure of relevant information to patients. Additionally, online platforms and resources can facilitate information sharing and empower medical tourists to make informed decisions.

Importance of Transparent Information for Medical Tourists

Transparent information is crucial for medical tourists to make informed decisions about their healthcare choices. They should have access to comprehensive information about the qualifications and credentials of healthcare professionals, the reputation and accreditation status of healthcare facilities, the cost and duration of treatments, potential risks and complications, and post-treatment care and follow-up. Transparent information empowers medical tourists to evaluate their options, select the most suitable healthcare provider, and make well-informed decisions about their treatment abroad.

Role of Government in Promoting Transparency

Governments play a vital role in promoting transparency in the medical tourism industry. They can enforce regulations that require healthcare providers to disclose relevant information to patients, ensuring transparency in pricing, qualifications, and accreditation status. Governments can also establish online platforms or directories that provide reliable and up-to-date information about healthcare facilities, enabling medical tourists to make informed choices. By creating a transparent environment, governments build trust and confidence in the healthcare services offered in their respective countries.

Online Platforms for Information Sharing

Advancements in technology have revolutionized the way medical information is accessed and shared. Online platforms, such as medical tourism portals and websites, provide a wealth of information to medical tourists, including details about healthcare providers, treatment options, patient testimonials, and cost comparisons. These platforms enable medical tourists to research and evaluate their options, connect with healthcare providers, and access relevant resources to make informed decisions about their medical journey.

Insurance Coverage for Medical Tourists

Insurance coverage is a key consideration for medical tourists, as it provides financial protection in the event of unforeseen medical complications or emergencies. Medical tourists should explore insurance options that cover their specific healthcare needs and potential risks associated with their chosen treatments. Some insurance companies offer specialized medical tourism insurance, which covers treatment costs, travel expenses, and any additional expenses arising from medical complications. Understanding insurance coverage and ensuring adequate protection is crucial for medical tourists before embarking on their healthcare journey.

Medico-legal Rights and Recourse for Patients

Medical tourists, like any other patients, have certain medico-legal rights and recourse in case of medical negligence, malpractice, or dissatisfaction with their treatment. The Consumer Protection Act, 2019, provides a legal framework for patients to seek compensation or redressal in case of medical grievances. It is essential for medical tourists to be aware of their rights and the legal mechanisms available to them in the event of any unforeseen circumstances. This knowledge empowers medical tourists to seek appropriate recourse and ensures accountability within the healthcare system.

Preventing Medical Malpractice

Preventing medical malpractice is a critical aspect of ensuring the safety and well-being of medical tourists. Healthcare providers should adhere to ethical standards, guidelines, and protocols to minimize the risk of medical errors, complications, or negligence. Robust quality assurance mechanisms, including periodic inspections, audits, and reviews, help identify any potential shortcomings and corrective actions to prevent medical malpractice. It is imperative to create a culture of patient safety, continuous improvement, and accountability to safeguard the interests of medical tourists and maintain the reputation of the medical tourism industry.

International Collaborations and Partnerships

International collaborations and partnerships play a crucial role in the growth and development of medical tourism. Collaborations between healthcare providers, universities, and research institutions facilitate knowledge exchange, training opportunities, and advancements in medical technology and practices. By working together, countries can harness their collective expertise, resources, and best practices to provide world-class healthcare and further enhance their position as preferred medical tourism destinations.

Networking Among Healthcare Providers

Networking among healthcare providers is essential for sharing knowledge, best practices, and expertise. Collaborative networks enable healthcare professionals to learn from each other, seek guidance, and foster innovation and research. Professional associations, conferences, and symposiums are platforms for networking, facilitating the exchange of ideas and experiences among healthcare professionals involved in medical tourism. By fostering collaboration and networking, healthcare providers can collectively enhance the quality and safety of medical tourism services and ensure a positive experience for medical tourists.

Sharing Best Practices and Knowledge Exchange

Sharing best practices and knowledge exchange is a fundamental aspect of continuous improvement in the medical tourism industry. Healthcare providers can learn from successful case studies, research findings, and lessons learned from their counterparts in other countries. This knowledge exchange helps identify innovative approaches, improve healthcare practices, and enhance patient outcomes. By pooling resources and experiences, healthcare providers can collectively shape the future of medical tourism and establish global benchmarks for quality and safety.

Future of Medical Tourism Regulation

As medical tourism continues to grow, there are emerging trends and challenges that require attention from regulatory bodies and healthcare providers. The increasing demand for personalized care, the emergence of telemedicine and remote consultations, advancements in medical technology, and the need for data protection and privacy are some of the key areas that will shape the future of medical tourism regulation.

Emerging Trends and Challenges in Medical Tourism

The medical tourism industry is witnessing several emerging trends and challenges. Personalized care is gaining importance, with patients seeking tailored healthcare experiences that meet their specific needs and preferences. The integration of telemedicine and remote consultations enables patients to access medical advice and follow-up care from their home countries, reducing the need for physical travel. Additionally, advancements in medical technology, including minimally invasive procedures and robotic surgeries, offer new treatment options and improved patient outcomes. However, these trends also pose challenges in terms of standardization, regulation, and quality assurance.

Potential Improvements and Advancements in Regulation

Regulatory bodies and governments need to continuously improve and adapt their regulatory frameworks to address the evolving needs and challenges of medical tourism. Strengthening accreditation processes, ensuring transparency in pricing and information, enhancing patient safety protocols, and establishing mechanisms for medico-legal recourse are areas that require further attention. Additionally, collaborations between countries can contribute to the harmonization of medical tourism standards, ensuring consistency and quality in healthcare services across borders.

Global Harmonization of Medical Tourism Standards

Harmonizing medical tourism standards globally is a crucial step towards ensuring patient safety, optimizing healthcare outcomes, and promoting the sustainability of the medical tourism industry. International collaborations, partnerships, and standardization efforts can create a unified framework that sets benchmarks for quality, safety, and ethical practices in medical tourism. By working together, countries can establish a global code of conduct for medical tourism, enhancing patient confidence, facilitating knowledge exchange, and driving the growth of this industry in a responsible and sustainable manner.

In conclusion, the growth of the medical tourism industry in India has opened up new avenues for patients seeking high-quality healthcare at affordable prices. While the industry offers numerous benefits, it is essential to establish a robust regulatory framework to ensure patient safety, maintain quality standards, and promote transparency. The involvement of regulatory bodies, adherence to ethical guidelines, accreditation of healthcare facilities, standardization of practices, and effective risk management are critical elements in creating a safe and reliable healthcare ecosystem for medical tourists. By addressing the challenges, fostering collaborations, and advancing regulation, India can continue to thrive as a leading destination for medical tourism.

Indian Culture Team

  •   Login
  •   Register

Legal Formats India | One Stop Destination for Legal Documents

THE LEGAL REGIME OF MEDICAL TOURISM IN INDIA

Medical Tourism In India

By Virti Shah, Advocate

[email protected] | Nov 30, 2020

India has been a regional health care destination for its neighbouring countries such as Afghanistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan, and the Middle East since the last several years. India is considered a top medical tourism destination, along with Thailand and Singapore, largely because it boasts of advanced medical facilities, skilled medical practitioners – fluent in English – and cheaper treatment costs than in hospitals in the West. The Indian government is promoting medical tourism in many ways. Offering hospitals, marketing development assistance, allowing medical visas, setting up facilitation counters at major airports, launching a website to provide information on medical tourism in the country and constituting a National Medical and Wellness Tourism Board.

India enjoys a dominant position in the medical tourism industry, as evidenced by various statistics according to which, as of 2018, around five lakh foreigners visit India for medical and wellness purposes a year. The number almost doubled between 2015 and 2016. They bring over $25 billion in foreign exchange earnings. Owing to factors like a relatively lower cost of treatment, the abundance of medical health professionals and restorative health options in the form of AYUSH India is at a competitive advantage when it comes to medical tourism.

The scope of Medical Tourism:

India is widely known as a preferred, a low-cost destination for medical tourism among other Asian developing and African countries. In recent years, it has also emerged as a key destination even for citizens of Western countries. Medical tourism in India has a sweeping scope and can be said to cover wellness tourism, cosmetic surgery, advanced healthcare procedures and traditional age-old systems. in India like Ayurveda, Yoga, Unani, Siddha, and Homeopathy. It even covers within its ambit beauty treatments and fertilization procedures. It thus represents an amalgam of modern health care procedures and ancient treatment therapies synonymous with and/peculiar to India. In December 2011, Jack Jones, a Jehovah’s Witness whose faith barred him from having blood transfusions, made headlines for being the first US citizen to undergo a bloodless surgery in India.

Framework in India

Medical visas.

The Government of India recognizes and categorizes medical tourism as niche tourism. The government support towards medical tourism is evident by the introduction of a special category of visa catering to such a segment in the form of medical visa.

Such a visa is valid up to a period of one year or the period of treatment whichever is lesser. However, the prescribed period can be extended where required for another one year by the Ministry of Health Affairs on the recommendation of Foreign Regional Registration Offices and State Governments. In ordinary circumstances, only a maximum of three entries are permissible, the only exception to this being emergency cases where a special permission is to be sought by Foreign Regional Registration Offices or State Governments. Maximum of 2 Attendants/Family members including the spouse can also apply for an MX visa. Further impetus was the launch of e-visa facility for 43 countries in relation to medical tourism.

The conditions for grant of this kind of visa has been specifically laid down to ensure people who are immigrating to India are doing so in pursuance of receiving treatment. The person is to possess requisite medical record stating recommendation or reference of specialized treatment that is sought based on preliminary medical treatment in the home country and secondly, the treatment should be significant in character, for example, neurosurgery, heart surgery, joint replacement or plastic surgery.

The development of medical visa casts a duty upon hospitals and healthcare centres to not entertain tourists who seek medical treatment but have not applied for the medical visa and are visiting under the general tourist visa.

Conversion of Visas

Foreign nationals on a business visa or an employment visa in India can apply to convert their visas to a MV if they fall ill, are unable to travel and require specialized medical treatment in India. A change of visa may be required if the individual falls out of status, for example, if he is on an employment visa and the visa expires. Such individuals will be granted an MV provided they fulfil all the criteria to be eligible for an MV and can provide a medical certificate from a government or government-recognized hospital. In such cases, qualifying members of the principal applicant could apply for an MX, which is usually granted to co-terminate with the principle applicant’s MV. The MV and MXV will bear an endorsement stating that employment or business is not permitted.

Medical Visa is a result of the Government’s recognition of the importance of medical tourism in India. It enables individuals to enter the country to procure medical treatment on valid visas.

Medical malpractice laws in India

The medical malpractice laws in India with a focus on the Consumer Protection Act, 1986 (the “CPA”). There are various laws which are set up under the CPA, and are applied by Indian courts when dealing with medical malpractice cases, and the relevant factors are taken into consideration while awarding compensation, among other issues.

Consumer Protection Act

Briefly stated, a “consumer” who hires or avails of any “services” for consideration is entitled under the CPA to sue for any “deficiency in service” (not being services rendered free of cost or of a personal nature) and claim compensation. “Deficiency” is usually construed to mean any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of any service. Until 1996, legal proceedings against doctors for malpractice were relatively few. However, the decision of the Supreme Court of India in Indian Medical Association v. V. P. Shantha (AIR 1996 SC 550) brought doctors and hospitals under the purview of the CPA. After this judgment, doctors and hospitals were allowed to be sued under the CPA for any ”deficiency in service.”

Filing Actions That Can Be Taken Under CPA

The aggrieved person would have recourse to the specially created consumer disputes redressal fora established under the CPA to establish any malpractice of a doctor or hospital and claim compensation. Depending on the value of the services and/or the compensation claimed, the aggrieved person would have to approach (i) the District Consumer Dispute Redressal Forum (pecuniary limit of up to INR 2,000,000 or approx. USD 40,000); (ii) the Consumer Disputes Redressal Commission of each Indian State or province (the “State Commission”) (which enjoys pecuniary limit above INR 2,000,000 but up to INR 10,000,000 i.e., between approx. USD 40,000 to 200,000); (iii) or the National Consumer Disputes Redressal Commission, New Delhi (the “National Commission”) (pecuniary limit of any amount above INR 10,000,000 or approx. USD 200,000).

When there is a violation of duty and action

Having established the duty and standard of care, the aggrieved patient has to prove that there was a breach of the applicable duty and that the doctor had fallen below the accepted standard of care. The violation of the duty should then be linked to ‘action’, i.e. a link should be established between the act of negligence and the injury suffered by the patient.

Indian courts have applied the ‘but for’ test in order to establish causation. In Geetu Sapra v. B. L. Kapoor Memorial Hospital [(2006) 3 CPJ 1], the ‘but-for’ test was applied to establish that if not for the defective equipment in the hospital, the patient would have not suffered the injury. In Samira Kohli v. Prabha Manchanda [(2008) 2 SCC 1] which deals with “informed consent,” the Supreme Court held that a doctor can be held negligent if proper consent is not taken and the failure to take consent is sufficient to determine causation.

Hospitals could be held liable

In India, corporate hospitals (as opposed to government or village hospitals, which are unlikely to attract medical tourism) have been held liable by applying the tort law principle of ”vicarious liability” for any malpractice or ”deficiency in service” on the part of the doctors or nurses employed in such hospitals. Indian courts have ruled that a hospital cannot escape liability merely by arguing that it only provides infrastructural facilities and services of nursing and support staff to the consultant doctor and that the hospital cannot perform or recommend an operation on its own [Rekha Gupta v. Bombay Hospital Trust and Another (2003) 2 CPJ 160)].

Compensation under the CPA

If it is determined that a doctor or hospital had been negligent, the aggrieved person is entitled to claim damages or compensation under the CPA. While determining the amount of compensation to be awarded under the CPA, Indian courts normally take into consideration the following key factors:

• Pain and suffering endured by the patient (including the duration and intensity) as a result of the negligence of the doctor; • Loss of earnings or future earnings; and • Expenses incurred for the medical treatment.

Recently, the National Commission in Kunal Saha v. Sukumar Mukherjee and Others [Original Petition No. 240 of 1999], awarded compensation of INR 13,465,750 (approx. USD 270,000) to the plaintiff, out of which the hospital was directed to pay a sum of INR 4,040,000 (approx. USD 80,800) and the remaining amount by the defendant doctors. The National Commission apportioned liability based on the degree of negligence of each doctor and the hospital. In this case, the hospital was found to be one of the main negligent parties.

Execution Proceedings And Remitting Compensation Abroad

Under Indian law, upon award of final compensation (i.e., all appeal remedies have been exhausted), if the defendant has not voluntarily rendered compensation, the aggrieved party is entitled to commence proceedings to execute the award. In such proceedings, the court is empowered to seize and sell (by public auction) any property belonging to the defendant to ensure that the aggrieved person is paid due compensation. Courts are also empowered to imprison the defendant for any non-payment of the award.

In cases involving foreigners, since the proceedings are in India, a concern relates to actual remittance and receipt of the awarded compensation amount by the foreigners abroad. In this regard, it is pertinent to note that India’s foreign exchange laws have been substantially liberalised over the years. It is now possible for bankers to rely on court orders to allow the defendants to remit the compensation amount to the aggrieved person abroad.

Criminal Negligence Of Doctors

In India, in addition to an action under the CPA, a doctor can also be liable under penal laws for criminal negligence. This happens if such a doctor is shown to have been rash and negligent, resulting in the death of the patient [Section 304A of the Indian Penal Code]. A person convicted under Section 304A may be subject either too simple or rigorous imprisonment for a term of up to two years, or with fine, or with both.

India is equipped with skilled professionals, comparatively lower cost of medical treatment and supported by various government initiatives. These factors are conducive to the development of medical tourism in India. The entire rationale of medical tourism is driven by the costs, aspects of safety, ethical practice, credibility and legal issues arising from medical negligence and malpractice are often are put on the backburner. The growth of medical tourism in India, therefore, will be incumbent on the effectiveness of the regulatory framework. This protects the interests and rights of patients and monitors hospitals and healthcare institutions.

google

It’s wonderful that you are getting thoughts from this post as well as from our discussion made at this time.

google

Thanks very nice blog!

Recent Posts

medical tourism laws regulations in india

WhatsApp us

azadi ka amrit mahotsav

Update on improving Medical Tourism in the country India ranks 10th in Medical Tourism Index (MTI) for 2020-2021 out of 46 destinations of the world Foreign Tourists Arrival on medical purpose increases from 1.83 lakh in 2020 to 3.04 lakh in 2021

India has been ranked 10 th in Medical Tourism Index (MTI) for 2020-2021 out of 46 destinations of the world by Medical Tourism Association. As per information provided by Ministry of Tourism, foreign tourist arriving in India for medical purpose are as below:

With an aim to improve medical tourism in country, Ministry of Tourism has formulated a National Strategy and Roadmap for Medical and Wellness Tourism in 2022. The strategy has identified following key pillars for the development of medical value travel in the country:

  • Develop a brand for India as a wellness destination
  • Strengthen the ecosystem for medical and wellness tourism
  • Enable digitalization by setting up Online Medical Value Travel (MVT) Portal
  • Enhancement of accessibility for Medical Value Travel
  • Promoting Wellness Tourism
  • Governance and Institutional Framework

Union Ministry of Health & Family Welfare is coordinating with other Ministries viz Ministry of Home Affairs, Tourism, AYUSH, External Affairs, Civil Aviation, State Governments and other stakeholders to promote Medical Value Travel (MVT) in the country. An institutional approach in coordination with other Ministries like Ministry of Tourism, AYUSH, Home Affairs, External Affairs, Civil Aviation, State Governments and other relevant stakeholders is adopted for promotion of medical value travel. Several rounds of stakeholder consultations have been conducted with line Ministries, Hospitals, MVT facilitators, Insurance Companies and National Accreditation Board for Hospitals & Healthcare Providers (NABH) to identify the challenges and opportunities in the sector.

The Union Minister of State for Health and Family Welfare, Dr. Bharati Pravin Pawar stated this in a written reply in the Rajya Sabha today.

HFW/ Update on improving medical tourism in the country /2h1 March 2023/4

Share on facebook

medical tourism laws regulations in india

  • OUR CENTERS Bangalore Delhi Lucknow Mysuru Srinagar Dharwad Hyderabad

Call us @ 08069405205

medical tourism laws regulations in india

Search Here

medical tourism laws regulations in india

  • An Introduction to the CSE Exam
  • Personality Test
  • Annual Calendar by UPSC-2024
  • Common Myths about the Exam
  • About Insights IAS
  • Our Mission, Vision & Values
  • Director's Desk
  • Meet Our Team
  • Our Branches
  • Careers at Insights IAS
  • Daily Current Affairs+PIB Summary
  • Insights into Editorials
  • Insta Revision Modules for Prelims
  • Current Affairs Quiz
  • Static Quiz
  • Current Affairs RTM
  • Insta-DART(CSAT)
  • Insta 75 Days Revision Tests for Prelims 2024
  • Secure (Mains Answer writing)
  • Secure Synopsis
  • Ethics Case Studies
  • Insta Ethics
  • Weekly Essay Challenge
  • Insta Revision Modules-Mains
  • Insta 75 Days Revision Tests for Mains
  • Secure (Archive)
  • Anthropology
  • Law Optional
  • Kannada Literature
  • Public Administration
  • English Literature
  • Medical Science
  • Mathematics
  • Commerce & Accountancy
  • Monthly Magazine: CURRENT AFFAIRS 30
  • Content for Mains Enrichment (CME)
  • InstaMaps: Important Places in News
  • Weekly CA Magazine
  • The PRIME Magazine
  • Insta Revision Modules-Prelims
  • Insta-DART(CSAT) Quiz
  • Insta 75 days Revision Tests for Prelims 2022
  • Insights SECURE(Mains Answer Writing)
  • Interview Transcripts
  • Previous Years' Question Papers-Prelims
  • Answer Keys for Prelims PYQs
  • Solve Prelims PYQs
  • Previous Years' Question Papers-Mains
  • UPSC CSE Syllabus
  • Toppers from Insights IAS
  • Testimonials
  • Felicitation
  • UPSC Results
  • Indian Heritage & Culture
  • Ancient Indian History
  • Medieval Indian History
  • Modern Indian History
  • World History
  • World Geography
  • Indian Geography
  • Indian Society
  • Social Justice
  • International Relations
  • Agriculture
  • Environment & Ecology
  • Disaster Management
  • Science & Technology
  • Security Issues
  • Ethics, Integrity and Aptitude

InstaCourses

  • Indian Heritage & Culture
  • Enivornment & Ecology

Print Friendly, PDF & Email

National Strategy and Roadmap for Medical and Wellness Tourism

Gs paper 2/3.

Syllabus: Government policies/Issues Relating to Health/Economy

Source: PIB

  Context: With an aim to improve medical tourism in the country, the Ministry of Tourism has formulated a National Strategy and Roadmap for Medical and Wellness Tourism (2022).

Background: India has been ranked 10th in the Medical Tourism Index (MTI) for 2020-2021 out of 46 destinations in the world by the Medical Tourism Association.

Medical vs wellness tourism:

  • Medical tourism (valued at $60-80 billion globally) primarily addresses the “ poor health ” end of the market, with patients travelling to another place for specific medical treatments.
  • Wellness tourism (~$639 billion), on the other hand, attracts those seeking destinations that extend their wellness lifestyle and help them proactively maintain and improve their health and well-being.
  • As far as medical tourism is concerned, India currently has a $5-6 billion market (2019 figure) that may rise to $13 billion by 2026.

medical tourism laws regulations in india

Govt. efforts to boost the medical tourism sector in India:

Streamlining Medical Value Travel (MVT) : A segment that attracted 0.7 million foreign tourists in pre-pandemic 2019.

  • MVT is a specialised service by Hospitals and Wellness centres including both modern as well as traditional systems of medicine.
  • It involves healthcare service providers, VISA requirements, insurance, MVT facilitators, etc.

National Strategy and Roadmap for Medical and Wellness Tourism (2022): Key pillars for the development of MVT in the country:

  • Develop a brand for India as a wellness destination
  • Strengthen the ecosystem for medical and wellness tourism
  • Enable digitalization by setting up an Online Medical Value Travel (MVT) Portal
  • Enhancement of accessibility for Medical Value Travel
  • Promoting Wellness Tourism
  • Governance and Institutional Framework

Heal in India Initiative: The Ministry of Health and Family Welfare and the Ministry of Ayush have been working with C-DAC and the Services Export Promotion Council for developing a One Step Heal in India portal for the Promotion of MVT.

Champion Service Sector Scheme: The Ministry of Ayush developed a Central Sector Scheme for MVT to incentivise private investors for the establishment of Super Specialty Hospitals, etc.

e-Tourist Visa scheme: It was liberalised and renamed as an e-Visa scheme and at present, it has e-Medical Visa and e-Medical Attendant Visa as sub-categories of e-visa.

National Medical & Wellness Tourism Board (NMWTB): The Ministry of Tourism constituted the Board in 2015 to provide a dedicated institutional framework to take forward the cause of promotion of Medical and Wellness Tourism.

Insta Links: Heal in India

Left Menu Icon

  • Our Mission, Vision & Values
  • Director’s Desk
  • Commerce & Accountancy
  • Previous Years’ Question Papers-Prelims
  • Previous Years’ Question Papers-Mains
  • Environment & Ecology
  • Science & Technology

Advertisement

Advertisement

Framework for Promotion of Medical Tourism: A Case of India

  • Published: 28 June 2021
  • Volume 16 , pages 103–111, ( 2021 )

Cite this article

medical tourism laws regulations in india

  • Vinaytosh Mishra   ORCID: orcid.org/0000-0002-6360-910X 1 &
  • Mohita G. Sharma   ORCID: orcid.org/0000-0002-3341-9663 1  

7416 Accesses

11 Citations

Explore all metrics

Medical tourism is quickly growing in developing countries. The healthcare players have recognized it as a potential area for economic diversification. The major factors affecting medical tourism in a country are cost, quality, language, and ease of travel. The healthcare services in India cost significantly lower than in western countries and the middle east. That is one of the reasons behind India attracting customers from these countries. The government promotes India as a premier healthcare destination and has made policies to ease travel for medical tourism purposes. Quality has been one of the important criteria for the selection of healthcare providers even for price-conscious customers. This study uses the case of the eastern part of the state of Uttar Pradesh to investigate the reason behind the low penetration of medical tourism in the region. The study identifies factors affecting medical tourism in post-COVID times and maps them with enablers using a focus group discussion. The study further uses SERVQUAL, a multidimensional research instrument to measure service quality by capturing patient’s expectations and perceptions along five dimensions of service quality. The study contributes to the existing literature in two ways. It provides the framework for the promotion of medical tourism in a region. Second, it provides future directions for research in the area of medical tourism in the post-COVID world.

Similar content being viewed by others

medical tourism laws regulations in india

Medical Tourism: The Islamic Perspective

medical tourism laws regulations in india

The Medical Tourism and Health Tourism, Future Business for Romania

medical tourism laws regulations in india

UAE Economic Diversification: A Medical Tourism Perspective

Avoid common mistakes on your manuscript.

Introduction

Medical tourism (MT) has been growing enormously in the past few decades. This has been especially favorable for many developing countries especially in Asia wherein there is travel between upper-income countries and lower- and middle-income countries for healthcare purposes (Behrmann & Smith, 2010 ). The drivers for this travel have been prohibitively expensive, inadequate, or unavailable in their high-income home countries and the services could include cosmetic, wellness, and dental treatments, and has been collectively called medical tourism (Connell, 2006 ; Turner, 2011 ). Especially governments and private-sector actors in Asia, Europe, and Latin America have begun to actively promote their countries, cities, and medical facilities as medical tourism destinations to boost and diversify their tourism and healthcare offerings (Wong & Musa, 2012 ). Various governments have also promoted their country as a medical tourism destination through policy interventions. In a recent study, the economic performance of medical tourism is analyzed vis-a-vis overall community satisfaction, health care satisfaction, and attitudes toward medical tourism through a combination of social exchange theory with spillover theory. This is shown in a study where for a particular region the residents’ perceptions of medical tourism’s impact on community wellbeing also affect willingness to pay higher taxes and support for medical tourism development (Suess et al., 2018 ).

If we focus on India, the main driver of the growth of medical tourism has been the highly trained medical fraternity who is adept in English (Crooks et al., 2011 ). India has over the years become the hub of medical tourism which is the confluence of the twin sectors of the tourism industry and health industry (Shanker, 2019 ). This falls under the category of service exports and has been instrumental in earning foreign exchange and huge employment opportunities for the country. Given the fact that the main objective of medical tourists is getting good quality medical treatment at a reasonable cost, the outward focus has to be on competitiveness and the inward focus has to be operational excellence to drive the cost down. In a previous study, Thailand, Singapore and India have been identified as the main players in medical tourism capturing 80% of Asia’s medical tourism market (Mary, 2014 ). A comprehensive definition of medical tourism competitiveness has been given by Ganguli and Ebrahim, ( 2017 ) which can be stated as: “the ability to strategically plan, set viable policy goals, establish effective multi-stakeholder partnerships, maintain an attractive environment; and ensure that all of these capabilities are harmonized to optimize the delivery of medical services that rank high on parameters of quality, innovativeness, affordability, and safety”.

The further reasons which make India an attractive medical tourism destination are ensuing (Bagga et al., 2020 ; Bies & Zacharia, 2007 ; de Arellano, 2007 ).

Demand: Emanating from the long waiting lists in the developed countries has resulted in patients moving to other healthcare destinations.

Affordability and cost: The low cost of medical treatments in India makes it an enticing healthcare destination. In India, costs for complicated surgical procedures are almost one-tenth of the cost as compared to the procedures in the developed countries.

Accessibility: Affordable and access to air routes from every part of the globe make India one of the favored medical tourism destinations. The country has a further favorable exchange rate which makes it an economically viable alternative. The government has even eased the visa rules for tourists visiting the country for medical tourism purposes.

Communication: Indian healthcare workforce is good at English communication. The advancement in telemedicine helps patients in getting follow-up care, rehabilitative care after major surgery. This even eliminates the need for a follow-up visit to the country.

India attracts patients in areas namely wellness tourism, alternative systems of medicine, cosmetic surgery, and advanced and lifesaving healthcare. Thus, the Medical Tourism structure can be broadly classified into the following four categories (Fig.  1 ).

figure 1

Medical tourism structure in India

Medical tourism is not a simple process. It is a complex decision by an international traveler based on the attributes of the host country, facilities of healthcare professionals, reasonable cost, and the service quality of hospitality and tourism (Chuang et al., 2014 ; Fetscherin & Stephano, 2016 ; Olya & Nia, 2021 ). Some studies are exploring the development of the Medical Tourism Index (MTI) and four dimensions of MTI include country environment, tourism destination, medical tourism costs, and medical facility and services (Fetscherin & Stephano, 2016 ). In a detailed literature review and co-word citation analysis, Hoz-Correa et al. ( 2018 ) suggests that six themes dominate the research: (a) issues regarding ethical implications, trust, and accreditation; (b) health, wellness, spa tourism, and service quality; (c) health-related issues, medical treatments, and tourism; (d) “sensitive” practices in MT; (e) medical tourism destinations and marketing; and (f) globalization, policies and the effect on international patients.

Further, Ebrahim and Ganguli ( 2019 ) and Belladi et al. ( 2019 ) have done a strategic cross-country comparison and have elucidated that the extent of coordination among public and private MT stakeholders and a collaborative; administration efficiency of sectors such as medical, tourism, and economic sectors along with the development of medicine and related human capital contribute to enhancing the growth of the sector. In another cross-country study, exploring the hospital’s website across five dimensions: hospital information and facilities, admission and medical services, interactive online services, external activities, and technical items, it was observed that there were differences between Indian, Malaysian, and Thai hospital websites and suggesting that there was a need for hospital managers to improve their hospitals’ online presence and interactivity (Moghavvemi et al., 2017 ).

Cham et al. ( 2021 ) in their study of Chinese medical tourists to Malaysia have analyzed country-specific factors (country knowledge, safety and security, accessibility, and price reasonableness) and social factors (word-of-mouth and social media) to be significant predictors of the image of Malaysia as a medical tourism destination, which in turn, affect the perceived value and intention to revisit. Another study provides an extended diamond-based pyramid framework of regional competitiveness and can be adopted for the medical tourism sector in a country (Moirangthem & Nag, 2020 ). Ghosh and Mandal ( 2019 ) have cited in a study on India that treatment quality, medical service quality, medical tourism expenses, medical tourism infrastructure, destination appeal, destination culture, and ease of access increase the satisfaction and loyalty of medical tourists. Taking a stream from Hoz-Correa et al. ( 2018 ) of service quality, this study extends this inquiry into understanding the service quality dimensions for medical tourism, especially for India. The study highlights the importance of service quality in achieving operational excellence. The image of India is discolored due to the below-par performance of the health system during the COVID-19 pandemic and may impact the export competitiveness of medical tourism. It is imperative to assess the quality gap and take corrective measures to remain competitive.

The next section lists the objectives of this research followed by the methodology used in this study. Subsequent sections discuss the result and hence the conclusion for the study. In last but not least, the study lists the limitations of the research and the future agenda for the research.

Research Objectives

The objective of this research is threefold: (1) to use the extant literature to identify the factors affecting medical tourism, (2) to provide the framework for the development of medical tourism in a region using focus group discussion, and (3) to use the case of eastern Uttar Pradesh to analyze the service quality gap using established instrument SERVQUAL.

Methodology

The research reviews the extant literature to identify the factors affecting medical tourism in a region. The findings of the reviewed literature are listed in the introduction section of this paper. The first step included using the finding of the literature review and input from the focus group to propose a framework for the development of medical tourism in a region. The study in the second stage uses the SERVQUAL method to evaluate the case region on five dimensions of the service quality.

Services being distinguished by intangibility and consumed simultaneously, the quality of service is understood as the perception of value delivered (Lam et al., 2012 ). Nitecki and Hernon ( 2000 ) defined service quality in terms of “meeting or exceeding customer expectations, or as the difference between customer perception and expectations of service” (Wang & Shieh, 2006 ). SERVQUAL is a multidimensional research instrument designed to measure service quality by capturing respondents’ expectations and perceptions (Parasuraman et al., 2002 ). The instrument has been widely used to assess the quality of services in the industry such as retail, hospitality, and healthcare (Ajam et al., 2014 ; Saleh & Ryan, 1991 ; Zhao et al., 2002 ). Thus for quantitatively assessing it, it is taken as the difference between the customer’s perception of the service and his expectations in his mind. Perception is the comparison between expectations and actual performance. A positive indication of quality is when the performance is higher than expectations and vice versa.

Healthcare is a high involvement service with long-term engagement between the patient and service provider and SERVQUAL has been used to prioritize the dimensions and identify the gaps to be filled to enhance the competitiveness of the delivery process (Al-Neyadi et al., 2018 ; Traipathi & Siddiqui, 2018 ). The SERVQUAL model has five dimensions of service quality namely reliability, assurance, tangibles, empathy, and responsiveness (Fig.  2 ).

figure 2

SERVQUAL model for service quality

The description of the five dimensions of service quality is listed in Table 1 (Butt et al., 2010 ; Parasuraman et al., 1988 ).

The researchers have used the established and time-tested SERVQUAL for assessing the service quality in the case of medical tourism (Chou et al., 2012 ; Guiry & Vequist, 2011 ; Qolipour et al., 2018 ).

The focus group used for objective one of the study is the healthcare professionals working in India. The size of the focus group is eight including the researchers as coordinators and passive members. A focus group larger than eight is difficult to manage (Fern, 1982 ). The focus group constituted four healthcare professionals, three doctors, and one healthcare researcher. Focus group discussion is frequently used as a qualitative approach to gain an in-depth understanding of the problem at hand (Nyumba et al. 2018 ). This method uses data from a purposely selected group of individuals rather than from a statistically representative sample of a broader population. Even though the application of this method in management research has been extensive, there are no critical assessments of the application of the technique. In addition, there are no readily available guidelines for researchers. This study uses the Delphi method to gain consensus on the framework. The Delphi method is well suited as a research instrument when there is incomplete knowledge about a problem or phenomenon (Skulmoski, 2007 ). The approach adopted for the Delhi Method is depicted in Fig.  3 (Cooper, 2019 ).

figure 3

Delphi approach for focus group

The sample size for this exploratory study was taken as 31 and the sampling method was used as purposive sampling. The extant literature suggests that with purposive sampling a sample size of 30 for the exploratory study is adequate (Kowalska & Ostręga, 2020 ). The questionnaire was sent to 50 prospects out of which 31 responded, making the response rate 62%. The characteristics of the respondent are listed in Table 2 .

To summarize, the study first identifies the factors and enablers for medical tourism in the region then uses the focus group’s input to map it. The study then uses SERVQUAL for finding the quality gap. The summary of the research methodology used in the study is depicted in Fig. 4 .

figure 4

Schematic diagram for the study

Results and Discussion

Based on the research, the study identifies four major factors affecting the penetration of medical tourism in the region. The focus group discussion helped us in identifying cost, quality, language, and ease of travel as the four most important factors affecting the penetration of medical tourism in a region. The study further interviewed the focus group members to identify enablers for these identified factors. Based on the input of the focus group, the study proposes a framework for increasing the penetration of medical tourism in the case region. The secondary research and focus group discussion suggested lean management, use of quality management systems, having National Accreditation Board for Hospitals and Healthcare Providers (NABH) and External Quality Assurance Systems (EQAS), language and soft skills, and ease of travel and visa rules as some of the important enablers for achieving the four factors. Figure 5 summarizes the framework using enablers and factors to increase the medical tourism in the region.

figure 5

Framework for increasing medical tourism

It can be seen that ease of Travel and Language are environmental factors and external to the control of business whereas Cost and Quality are within the control of the business. Cost and Quality are interlinked and emphasis on quality can reduce the cost of operations thereby achieving operational excellence. Further, as the extant literature and focus group, discussion suggested quality is one of the most important criteria for the selection of a healthcare destination. The study adopted the SERVQUAL model which is a recognized tool to understand the difference between expectations and the perception of the service quality on five dimensions’ reliability, responsiveness, assurance, empathy, and tangibles. The respondents were asked to give responses to 22 questions on a Likert scale of ten and the average of the score on the subdimensions was taken as a score for a dimension. Thus, the maximum possible score for any dimension is ten. The perception score ( P ) and expectation score ( E ) for the service quality is listed in Table 3 . The difference of P and E gives the gap between expectation and perception, the difference needs to be minimized to increase customer satisfaction (Gounaris et al., 2007 ).

Figure 6 depicts the perception, expectation of maximum value on five dimensions of the service quality. As the figure suggests the largest service gap is for reliability, followed by responsiveness and assurance. The minimum service gap is for the service dimension tangible but there is still a scope of improvement when we compare it with the maximum score possible.

figure 6

Perception and expectation of service quality

The study also shows that maximum expectation is for dimension reliability, assurance followed by responsiveness and empathy. The gap between expectations and performance is large for Reliability and Assurance Dimensions. The reliability of the service can be enhanced by making the service more process-driven and adhering to management systems. The lesser the non-conformity is, the better the reliability. On the other hand, for ‘assurance’ the focus has to be on providing soft skill training to the personnel and attitude of service in the nurses and paramedical staff. It also depends on the work culture of the organization. The responsiveness of the service is ‘how quickly the problem gets resolved. For addressing this parameter, the capacity of the supporting staff has to be enhanced so that the time of response gets reduced. It is observed that the tangibles and empathy gap is less which is a good sign. The customers are satisfied with the infrastructure and feel that they are understood. Given the fact that the empathy gap is less and the assurance gap is high, an attempt to enhance communication can reduce the assurance gap also.

The increased cost of care in western countries and the middle east has forced patients to look towards the east. Medical tourism is quickly growing in developing countries like India. Recent process innovation and operational excellence in India make it possible to deliver healthcare at a fraction of the cost compared to the western countries. The average cost of open-heart surgery, as reported by Narayana Health, is less than $2000. The same procedure at a US research hospital typically costs more than $100,000. The factors making a destination a preferred medical tourism destination is cost, quality, language, and ease of travel. The extant literature suggests that quality is one of the most important criteria for the selection of a healthcare provider (Mishra et al., 2019 ). A website listing the healthcare tourism destination in India lists only a few healthcare providers from eastern Uttar Pradesh. With the availability of vaccines and mass vaccination in many countries, borders have started opening again. The governments should think about measured to promote medical tourism in post-COVID times. This compelled us to investigate the reason behind the low penetration of medical tourism in the region and what can be done.

Studies have used the SERVQUAL method for quality assessment of private healthcare providers (Butt et al., 2010 ; Pekkaya, 2019 ). There is evidence of recent use of the SERVQUAL method for quality assessment in healthcare in developing countries (AlOmari, 2020 ; Tripathi & Siddiqui, 2018 ). Qolipour et al. ( 2018 ) analyze the patient’s perspective on the quality of medical tourism in Iran. Although there are studies on the evaluation of service quality of medical tourism destinations, there is a lack of studies done on quality assessment of medical tourism as eastern India as the destination, and this study attempts to fill this gap. This study uses a mix of qualitative and quantitative approaches for the development of a framework for promoting medical tourism in the region. The study further uses the SERVQUAL model to find out the patient’s perception and expectation of healthcare services on five dimensions of service quality and identifies the area of improvement. The approach used in the study is simple and easy to follow and does not overwhelm a reader with excessive details. The study uses Radar Chart to visualize the quality gap related to five dimensions. The study will help healthcare providers and policymakers devise strategies for promoting medical tourism in a region. The finding of the study is also useful for healthcare administration to improve service quality in their organization to eventually attract patients from Gulf and Western Countries.

Limitations and Future Directions

The limitations of the study emanate from the model that has been adopted. Despite its strengths and widespread acceptance, SERVQUAL is sometimes disapproved of for its bounded lens and these criticisms are true for this study as well. The focus of the model is from an operations perspective, and so it fails to draw on established economic, statistical and psychological theory. The prime focus remains on service operations and delivery rather than the outcome. Some studies also reflect that the five dimensions of service quality used in the SERVQUAL are not universal (Buttle, 1996 ).

This study is exploratory and uses purposive sampling. A study having a larger sample size and probabilistic sampling will help generalize the finding to a larger population. The study can include samples from countries other than Mauritius, UAE and the US will make the study more inclusive. The majority of the respondents represent prospects from the age group 45–55. This may be one of the limitations of the study. A future study can empirically test the framework proposed in the study for the promotion of medical tourism in a region. Future studies can also include more service dimensions related to healthcare.

Key questions reflecting applicability in real life

What are factors affecting the penetration of medical tourism in a geographical region?

What are the enablers for these factors to attract medical tourists to the region?

What are the healthcare quality dimensions used in existing literature for medical tourism?

How to use the SERVQUAL method to identify and fill the service quality gaps?

Availability of Data and Material

Available on request.

Code Availability

Not applicable.

Ajam, M., Sadeghifar, J., Anjomshoa, M., Mahmoudi, S., Honarvar, H., & Mousavi, S. M. (2014). Assessing the quality of healthcare service by the SERVQUAL model: A case study of a field hospital. Journal of Military Medicine, 15 (4), 273–279.

Google Scholar  

Al-Neyadi, H. S., Abdallah, S., & Malik, M. (2018). Measuring patient’s satisfaction of healthcare services in the UAE hospitals: Using SERVQUAL. International Journal of Healthcare Management, 11 (2), 96–105. https://doi.org/10.1080/20479700.2016.1266804

Article   Google Scholar  

AlOmari, F. (2020). Measuring gaps in healthcare quality using SERVQUAL model: Challenges and opportunities in developing countries. Measuring Business Excellence . https://doi.org/10.1108/MBE-11-2019-0104

Bagga, T., Vishnoi, S. K., Jain, S., & Sharma, R. (2020). Medical tourism: Treatment, therapy and tourism. International Journal of Scientific and Technology Research, 9 (3), 4447–4453.

Behrmann, J., & Smith, E. (2010). Top 7 issues in medical tourism: Challenges, knowledge gaps, and future directions for research and policy development. Global Journal of Health Science, 2 (2), 80.

Beladi, H., Chao, C. C., Ee, M. S., & Hollas, D. (2019). Does medical tourism promote economic growth? A cross-country analysis. Journal of Travel Research, 58 (1), 121–135. https://doi.org/10.1177/0047287517735909

Bies, W., & Zacharia, L. (2007). Medical tourism: Outsourcing surgery. Mathematical and Computer Modelling, 46 (7–8), 1144–1159. https://doi.org/10.1016/j.mcm.2007.03.027

Butt, M. M., & de Run, E. C. (2010). Private healthcare quality: Applying a SERVQUAL model. International Journal of Health Care Quality Assurance, 23 (7), 658–673. https://doi.org/10.1108/09526861011071580

Buttle, F. (1996). SERVQUAL: Review, critique, research agenda. European Journal of Marketing, 30 (1), 8–32. https://doi.org/10.1108/03090569610105762

Cham, T. H., Lim, Y. M., Sia, B. C., Cheah, J. H., & Ting, H. (2021). Medical tourism destination image and its relationship with the intention to revisit: A study of Chinese medical tourists in Malaysia. Journal of China Tourism Research, 17 (2), 163–191. https://doi.org/10.1080/19388160.2020.1734514

Chou, S. Y., Kiser, A. I., & Rodriguez, E. L. (2012). An expectation confirmation perspective of medical tourism. Journal of Service Science Research, 4 (2), 299–318. https://doi.org/10.1007/s12927-012-0012-3

Chuang, T. C., Liu, J. S., Lu, L. Y., & Lee, Y. (2014). The main paths of medical tourism: From transplantation to beautification. Tourism Management, 45 , 49–58. https://doi.org/10.1016/j.tourman.2014.03.016

Connell, J. (2006). Medical tourism: Sea, sun, sand, and… surgery. Tourism Management, 27 (6), 1093–1100. https://doi.org/10.1016/j.tourman.2005.11.005

Cooper, C. (2019). Critical competencies needed for outside sales managers: A Delphi study . SAGE Publications Ltd.

Book   Google Scholar  

Crooks, V. A., Turner, L., Snyder, J., Johnston, R., & Kingsbury, P. (2011). Promoting medical tourism to India: Messages, images, and the marketing of international patient travel. Social Science & Medicine, 72 (5), 726–732

Crooks, V. A., Turner, L., Snyder, J., Johnston, R., & Kingsbury, P. (2011). Promoting medical tourism to India: Messages, images, and the marketing of international patient travel. Social Science & Medicine , 72 (5), 726–732.

De la Hoz-Correa, A., Muñoz-Leiva, F., & Bakucz, M. (2018). Past themes and future trends in medical tourism research: A co-word analysis. Tourism Management, 65 , 200–211. https://doi.org/10.1016/j.tourman.2017.10.001

De Arellano, A. B. R. (2007). Patients without borders: The emergence of medical tourism. International Journal of Health Services, 37 (1), 193–198. https://doi.org/10.2190/4857-468G-2325-47UU

Ebrahim, A. H., & Ganguli, S. (2019). A comparative analysis of medical tourism competitiveness of India, Thailand, and Singapore. Tourism an International Interdisciplinary Journal, 67 (2), 102–115.

Fern, E. F. (1982). The use of focus groups for idea generation: The effects of group size, acquaintanceship, and moderator on response quantity and quality. Journal of Marketing Research, 19 (1), 1–13. https://doi.org/10.1177/002224378201900101

Fetscherin, M., & Stephano, R. M. (2016). The medical tourism index: Scale development and validation. Tourism Management, 52 , 539–556. https://doi.org/10.1016/j.tourman.2015.08.010

Ganguli, S., & Ebrahim, A. H. (2017). A qualitative analysis of Singapore’s medical tourism competitiveness. Tourism Management Perspectives, 21 , 74–84. https://doi.org/10.1016/j.tmp.2016.12.002

Ghosh, T., & Mandal, S. (2019). Medical tourism experience: Conceptualization, scale development, and validation. Journal of Travel Research, 58 (8), 1288–1301. https://doi.org/10.1177/0047287518813469

Gounaris, S. P., Tzempelikos, N. A., & Chatzipanagiotou, K. (2007). The relationships of customer-perceived value, satisfaction, loyalty, and behavioral intentions. Journal of Relationship Marketing, 6 (1), 63–87. https://doi.org/10.1300/J366v06n01_05

Guiry, M., & Vequist, D. G. (2011). Traveling abroad for medical care: US medical tourists’ expectations and perceptions of service quality. Health Marketing Quarterly, 28 (3), 253–269. https://doi.org/10.1080/07359683.2011.595644

Kowalska, N., & Ostręga, A. (2020). Using SERVQUAL method to assess tourist service quality by the example of the Silesian Museum Established on the post-mining area. Land, 9 (9), 333. https://doi.org/10.3390/land9090333

Lam, S., Lee, V., Ooi, K., & Phusavat, K. (2012). A structural equation model of TQM, market orientation and service quality: evidence from a developing nation. Managing Service Quality, 22 (3), 281–309. https://doi.org/10.1108/09604521211230996

Mary, S. S. (2014). Medical tourism in Asia—an overview. Scholars World-IRMJCR, 2 , 131–136.

Mishra, V., Samuel, C., & Sharma, S. K. (2019). Patient’s utility for various attributes of diabetes care services. IIM Kozhikode Society and Management Review, 8 (1), 1–9. https://doi.org/10.1177/2277975218798134

Moghavvemi, S., Ormond, M., Musa, G., Isa, C. R. M., Thirumoorthi, T., Mustapha, M. Z. B., & Chandy, J. J. C. (2017). Connecting with prospective medical tourists online: A cross-sectional analysis of private hospital websites promoting medical tourism in India, Malaysia, and Thailand. Tourism Management, 58 , 154–163. https://doi.org/10.1016/j.tourman.2016.10.010

Moirangthem, N. S., & Nag, B. (2020). Developing a framework of regional competitiveness using macro and microeconomic factors and evaluating sources of change in regional competitiveness in India using Malmquist Productivity Index. International Journal of Global Business and Competitiveness, 15 (2), 61–79. https://doi.org/10.1007/s42943-020-00016-2

Nitecki, D. A., & Hernon, P. (2000). Measuring service quality at Yale university’s libraries. Journal of Academic Librarianship, 26 (4), 259–273. https://doi.org/10.1016/S0099-1333(00)00117-8

Nyumba, T. O., Wilson, K., Derrick, C. J., & Mukherjee, N. (2018). The use of focus group discussion methodology: Insights from two decades of application in conservation. Methods in Ecology and Evolution, 9 (1), 20–32. https://doi.org/10.1111/2041-210X.12860

Olya, H., & Nia, T. H. (2021). The medical tourism index and behavioral responses of medical travelers: A mixed-method study. Journal of Travel Research, 60 (4), 779–798. https://doi.org/10.1177/0047287520915278

Parasuraman, A., Zeithaml, V. A., & Berry, L. (1988). SERVQUAL: A multiple-item scale for measuring consumer perceptions of service quality. Journal of Retailing, 64 (1), 12–40.

Parasuraman, A., Berry, L., & Zeithaml, V. (2002). Refinement and reassessment of the SERVQUAL scale. Journal of Retailing, 67 (4), 114–139.

Pekkaya, M., Pulat İmamoğlu, Ö., & Koca, H. (2019). Evaluation of healthcare service quality via SERVQUAL scale: An application on a hospital. International Journal of Healthcare Management, 12 (4), 340–347. https://doi.org/10.1080/20479700.2017.1389474

Qolipour, M., Torabipour, A., Khiavi, F. F., & Malehi, A. S. (2018). Assessing medical tourism services quality using SERVQUAL model: A patient’s perspective. Iranian Journal of Public Health, 47 (1), 103–110.

Saleh, F., & Ryan, C. (1991). Analyzing service quality in the hospitality industry using the SERVQUAL model. Service Industries Journal, 11 (3), 324–345. https://doi.org/10.1080/02642069100000049

Sankar, P. (2019). Medical tourism in India: Issues, opportunities and designing strategies for growth and development. Sociology of Medical Tourism , (pp. 227–240). Chennai: MJP Publishers

Skulmoski, G. J., Hartman, F. T., & Krahn, J. (2007). The Delphi method for graduate research. Journal of Information Technology Education Research, 6 (1), 1–21.

Suess, C., Baloglu, S., & Busser, J. A. (2018). Perceived impacts of medical tourism development on community wellbeing. Tourism Management, 69 , 232–245. https://doi.org/10.1016/j.tourman.2018.06.006

Tripathi, S. N., & Siddiqui, M. H. (2018). Assessing the quality of healthcare services: A SERVQUAL approach. International Journal of Healthcare Management . https://doi.org/10.1080/20479700.2018.1469212

Turner, L. G. (2011). Quality in health care and globalization of health services: Accreditation and regulatory oversight of medical tourism companies. International Journal for Quality in Health Care, 23 (1), 1–7. https://doi.org/10.1093/intqhc/mzq078

Wang, I., & Shieh, C. (2006). The relationship between service quality and customer satisfaction: The example of CJCU library. Journal of Information Optimization Services, 27 (1), 193–209. https://doi.org/10.1080/02522667.2006.10699686

Wong, K. M., & Musa, G. (2012). Medical tourism in Asia: Thailand, Singapore, Malaysia, and India. Medical tourism: The ethics, regulation, and marketing of health mobility. Routledge.

Zhao, X., Bai, C., & Hui, Y. V. (2002). An empirical assessment and application of SERVQUAL in a mainland Chinese department store. Total Quality Management, 13 (2), 241–254. https://doi.org/10.1080/09544120120102478

Download references

Acknowledgements

The infrastructural support provided by the FORE School of Management, New Delhi is greatly appreciated. The authors are also thankful to the editor and reviewer for their valuable input and comments, which have helped in improving the manuscript significantly.

There is not any funding to report.

Author information

Authors and affiliations.

QT and OM Area, FORE School of Management, New Delhi, India

Vinaytosh Mishra & Mohita G. Sharma

You can also search for this author in PubMed   Google Scholar

Contributions

VM: study planning, data collection and data analysis, and manuscript writing. MoGS: study planning, literature review, and manuscript writing.

Corresponding author

Correspondence to Vinaytosh Mishra .

Ethics declarations

Conflict of interest.

There is not any conflict of interest to report.

Rights and permissions

Reprints and permissions

About this article

Mishra, V., Sharma, M.G. Framework for Promotion of Medical Tourism: A Case of India. JGBC 16 (Suppl 1), 103–111 (2021). https://doi.org/10.1007/s42943-021-00027-7

Download citation

Received : 26 April 2021

Accepted : 19 June 2021

Published : 28 June 2021

Issue Date : December 2021

DOI : https://doi.org/10.1007/s42943-021-00027-7

Share this article

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

  • Service quality
  • Export competitiveness
  • Medical tourism
  • Find a journal
  • Publish with us
  • Track your research
  • Government of india
  • Skip to main content

Site Search

WELLNESS TOURISM

  • The potential of wellness systems, developed through centuries of wisdom of this ancient civilization would be fully tapped. This is being done by positioning India as a centre of Ayurveda, Yoga, Sidha, Naturopathy, etc. together with the spiritual philosophy that has been integral to the Indian way of life.  
  • Ministry of Tourism has drafted guideline for wellness tourism. These guidelines address issues regarding making available quality publicity material, training and capacity building for the service providers, participation in international & domestic Wellness related events, etc.  
  • Mushrooming of wellness centers in the country have given rise to the concern for quality service. The Guideline for Accreditation of wellness centers have been developed by National Board for Accreditation of Hospitals & Healthcare Services (NABH) in consultation with AYUSH and released during the workshop on wellness tourism organized by Ministry of Tourism on 15 Feb 2011.  
  •   The Ministry of Tourism has also extended its Market Development Assistance (MDA) scheme to wellness tourism service providers including accredited wellness centers. Presently the wellness centers accredited by State Tourism Departments are also eligible for the MDA. After the accreditation guidelines of NABH is in place, all wellness centers seeking MDA would be asked to be as close to the accreditation guidelines of NABH as possible.  
  • The initiative of accreditation of wellness centre by NABH and AYUSH has been greatly driven be the Ministry of Tourism as also consultation with the Wellness Tourism Service Providers, State Governments and other stakeholders. 

MEDICAL TOURISM

Medical tourism (also called medical travel, health tourism or global healthcare) is a term used to describe the rapidly-growing practice of travelling across international borders to seek healthcare services. Services typically sought by travelers include elective procedures as well as complex surgeries, etc.

India holds advantage as a medical tourism destination due to following factors:

  • Most of the doctors and surgeons at Indian hospitals are trained or have worked at some of the medical institutions in the US, Europe, or other developed nations.  
  • Most doctors and nurses are fluent in English.  
  • Top -of-the-line medical and diagnostic equipment from global international conglomerates is available at many Indian hospitals.  
  • Indian nurses are among the best in the world. Nearly 1000 recognized nurses-training centers in India, mostly attached to teaching hospitals, graduate nearly 10,000 nurses annually.  
  • Even the most budget-conscious traveler can afford first-rate service and luxury amenities

Global Tourism Investor's Summit 2023

Simplifying Your Life & Law | Legal Drafting services

Suggestions.

Navigating Legal Complexities in Indian Medical Tourism: Patient Rights, Malpractice.

medical tourism laws regulations in india

Table of Contents

Nowadays, medical tourism has become popular all around the world. Among many other countries, India is the most popular place where people can get cheap and high-quality medical treatment. Although getting treated in a foreign country may seem to be attractive, it also brings with it a number of legal challenges which patients, healthcare providers and policymakers must tackle. This post explores into some legal issues surrounding medical tourism in India such as patient rights; medical malpractice; cross border healthcare regulations.

Patient Rights in Medical Tourism:

When patients come to India for their treatment they might find that there are different legal rights available compared to those back home. So it is important for them to know what these entitlements are before undergoing any procedure or operation. Informed consent is paramount particularly within this setting where patients have traveled from afar seeking care Informed decision making requires that all relevant information be availed so that individuals can make choices about their health based on knowledge.

Furthermore another area where difficulties often arise among many international patients is seeking redress when things go wrong during treatment One cannot easily navigate through another nation’s justice system especially if one does not understand its language or procedure well Setting up an effective structure which enables travelers access justice quickly and transparently will enhance confidence in the industry.

Medical Malpractice Concerns:

Medical malpractice poses great risk while undertaking treatments abroad since people do not know much about local systems and laws governing healthcare services provision Negligence happen where substandard care is given leading to complications such as infection Besides unauthorized procedures could also cause harm leaving victims with physical injuries as well emotional distress For instance some surgeons might perform operations without having necessary credentials hence endangering lives of unsuspecting clients

Proving negligence by doctors across borders presents complex legal challenges for patients who fall victims Such problems include determining applicable jurisdiction; understanding different legislations worldwide; gathering evidence from various parts of the world among others There ought to be global cooperation aimed at making these processes easier so that those affected can get justice in case there was any medical malpractice committed against them.

Cross-Border Healthcare Regulations:

Regulations governing cross-border healthcare play a critical role towards shaping the landscape of medical tourism. Among areas covered by these regulations are licensing; accreditation of hospitals or clinics where treatments take place; qualifications required for health professionals involved in such practices etcetera Standards must also be put in place concerning how procedures should be done uniformly across all states Lack uniformity within different regions may result into provision of substandard care to tourists visiting various parts of the country

Comprehensive cross border health care regulation efforts need to address safety issues for patients as well as build reputation trust worthiness among destinations used for medical travel Collaborations between governments international organizations and professional bodies will help create clear strict rules which safeguard rights protect welfare and preserve life while on this journey away from home seeking healing.

Conclusion:

So many opportunities exist within India’s medical tourism sector but legal complexities remain key determinants too Patient rights; Medical Malpractice Concerns; Cross Border Healthcare Regulations shape everything around it All stakeholders need to work together towards coming up with robust laws that give priority to patient safety, ease access justice accelerate growth higher quality standards Only when all these things have been achieved can we say for sure that India is reliable safe destination among other countries where people can seek treatment abroad.

You might be interested in

medical tourism laws regulations in india

Laws Related to Benami Properties| BareLaw

Consumer Courts in India

Consumer Courts in India | BareLaw

Tenant Laws in India

Tenant Laws In India| BareLaw

Muslim Marriages and Divorce

Muslim Marriages and Divorce in India | BareLaw

Bare Law

barelawindia

Founder @Sakarora2504 Barelaw drafting @barelaw.drafting

medical tourism laws regulations in india

Privacy Overview

DESTINATION

medical tourism laws regulations in india

Brief Introduction to the Country and its Reputation in Medical Tourism

India has long been a captivating destination, not just for its cultural richness and historical grandeur, but increasingly for its advancements in healthcare. Recognized as one of the premier medical tourism destinations, India welcomes hundreds of thousands of medical tourists each year. The combination of cutting-edge technology, highly qualified healthcare professionals, and affordable treatments has solidified India's reputation as a medical tourism powerhouse. From elective procedures to critical surgeries, the country provides an expansive range of high-quality medical services to international patients.

Historical and Cultural Significance in Medicine

The roots of Indian medical practices can be traced back to its ancient systems like Ayurveda, Yoga, and Siddha, which are still prevalent and integrated into modern medicine. The country's historical commitment to medical research and surgery is exemplified by figures like Susruta, an ancient Indian physician often dubbed the "Father of Surgery." Modern Indian healthcare draws from this rich history, amalgamating traditional practices with contemporary medical science.

An International Hub for Medical Excellence

Indian hospitals and healthcare providers are increasingly being accredited by international organizations, underscoring their commitment to quality and excellence. The growth of private hospitals catering specifically to international patients is another feather in India’s medical cap.

Cutting-Edge Innovation and Technology

From robotic surgeries to pioneering techniques in cardiology and oncology, Indian healthcare providers are at the forefront of medical innovation. State-of-the-art facilities and medical equipment are now standard in many Indian hospitals, making the country an attractive option for those seeking advanced medical treatments not available or affordable in their home countries.

Popular Medical Procedures

List and brief descriptions of procedures.

India is especially known for offering quality treatments in the following areas:

  • Cardiology (including heart transplants)
  • Orthopedic surgeries (like knee and hip replacements)
  • Cosmetic surgery
  • Dental care
  • Oncology (cancer treatments)
  • Ophthalmology

Specializations or Pioneering Treatments

India has gained recognition for specialized treatments like Ayurvedic Therapies, stem cell therapy, and minimally invasive surgeries. Hospitals are also engaging in groundbreaking research and offering cutting-edge treatments in neurosurgery and cardiovascular care.

Top Hospitals & Clinics

Renowned hospitals.

  • Apollo Hospitals
  • Fortis Healthcare
  • Max Healthcare
  • Medanta - The Medicity

Accreditation and Affiliation Details

Most top-tier hospitals are accredited by the National Accreditation Board for Hospitals & Healthcare Providers (NABH) and many have Joint Commission International (JCI) accreditation.

Special Features, Awards, or Recognitions

Many Indian hospitals have won national and international awards for excellence in healthcare delivery and patient safety.

Cost Comparison

Comparative data.

On average, the cost of medical procedures in India is about 60-90% lower than in the United States, without compromising on quality. For example, a heart bypass surgery that costs upwards of $100,000 in the U.S. could cost as low as $5,000 in India.

Price Ranges

The following are approximate price ranges for some popular treatments:

  • Knee Replacement: $4,000 - $9,000
  • Hip Replacement: $5,000 - $10,000
  • Heart Bypass: $5,000 - $8,000

Quality & Safety

Medical standards and practices.

India upholds high standards in medical practices, often on par with Western countries like the United States and the United Kingdom. The country has a rigorous medical education system that produces a large number of highly qualified doctors and nurses each year.

Accreditation Systems and Regulatory Bodies

Apart from international accreditations like JCI, Indian hospitals often seek accreditation from the National Accreditation Board for Hospitals & Healthcare Providers (NABH), a constituent board of Quality Council of India. This ensures that the hospitals meet stringent guidelines in terms of quality and patient safety.

Quality Checks and Patient Safety Protocols

Hospitals and clinics in India are equipped with the latest technology to ensure accurate diagnosis and effective treatment. Patient safety protocols are strictly followed, and quality checks are performed regularly to ensure the highest standards are maintained.

Patient Rights

Patients in India have the right to confidentiality, informed consent, and access to their medical records. Hospitals have dedicated International Patient Services departments that assist foreign patients in navigating healthcare in India.

Medical Visa Information

Guidelines and requirements.

International patients can apply for a Medical Visa, usually designated as ‘Med Visa’, which is specifically intended for medical treatments in India.

Duration, Documentation, and Application Process

A Medical Visa usually has a duration of up to one year or the period of treatment, whichever is less. Required documents often include a letter from a local doctor, a letter from the Indian hospital agreeing to treat you, and proof of financial stability. Online applications are generally processed within a week.

Travel-related Advisories or Restrictions

It is advisable to consult your home country’s embassy or consulate for any travel advisories or restrictions related to India, especially due to the evolving situation with the COVID-19 pandemic.

Cultural Considerations

Local customs and etiquette.

While the hospital staff is usually well-versed in international etiquette, understanding local customs like greetings and modest dress codes can enhance your stay.

Language Barriers

English is widely spoken in Indian medical facilities. However, translators for other languages can usually be arranged by the hospital.

Dietary Considerations

Indian cuisine is diverse and can be spicy. Most hospitals offer international cuisine to cater to the dietary needs of foreign patients.

Travel & Accommodation

Popular and recommended areas to stay.

Areas near major hospitals in cities like Delhi, Mumbai, Bangalore, and Chennai offer a range of accommodation options, from budget hotels to luxury suites.

Proximity to Medical Facilities

Staying close to the hospital is advisable for convenience, and many hospitals offer in-house accommodation options for international patients.

Transportation Facilities

Public transport in major Indian cities is generally good, with options ranging from taxis to metro services. Private car hire services are also readily available.

Post-procedure Relaxation and Recuperation Spots

India offers a plethora of tourist attractions, from serene beaches in Goa to the peaceful Himalayan regions, ideal for post-procedure relaxation.

Legal & Ethical Considerations

Legal rights of patients.

Patients have the right to legal recourse in case of medical negligence or malpractice, although the legal process can be lengthy.

Medical Malpractice Laws

India has a set of laws dealing with medical malpractice and negligence, aimed at protecting the patient's rights.

Ethical Considerations

Issues like organ transplants are strictly regulated, and only relatives can donate organs, with some exceptions.

Benefits & Risks

The major benefits of choosing India for medical treatment include cost-effectiveness, high quality of healthcare, and the availability of specialized treatments.

Risks or Concerns

Potential risks include varying standards among healthcare providers and long waiting times for certain treatments, though these are not common at leading hospitals.

Post-procedure Care

Post-operative care.

Indian medical institutions offer comprehensive post-operative care, including physical rehabilitation services.

Availability and Quality of Rehabilitation Centers

Several top-notch rehabilitation centers are available for procedures requiring long-term care, such as joint replacements.

Frequently Asked Questions (FAQs)

  • Is it safe to have surgery in India? Yes, if you choose accredited hospitals, patient safety and quality are generally excellent.
  • Do doctors in India speak English? In most top-tier hospitals, doctors are fluent in English.
  • What is the cost comparison? Medical treatments in India can cost 60-90% less than in Western countries.
  • What about aftercare? Comprehensive aftercare and rehabilitation services are available.

Global Provider Members

medical tourism laws regulations in india

Hindi and English

Indian Rupee

1,370,825,550

India is typically very hot, with the hottest and driest months lying between March and June. The average temperature during this time is usually 90 degrees Fahrenheit. However, in the western part of India, the average temperature can be much higher. The coolest months are between December and February, with the average daily temperature fluctuating between 50-59 degrees Fahrenheit (10-15 degrees Celsius). The rainy (monsoon) season lasts from March until June. Because the boundaries of India span a large land area, it does not fit into only one climate zone.

Facilitators

medical tourism laws regulations in india

New Delhi, India

medical tourism laws regulations in india

Haryana, India

medical tourism laws regulations in india

Karnataka, India

medical tourism laws regulations in india

Mumbai, India

medical tourism laws regulations in india

Maharashtra, India

medical tourism laws regulations in india

Delhi, India

medical tourism laws regulations in india

Uttar Pradesh, India

medical tourism laws regulations in india

Telengana, India

medical tourism laws regulations in india

Tamilnadu, India

medical tourism laws regulations in india

Punjab, India

Maharastra, India

medical tourism laws regulations in india

Kerala, India

medical tourism laws regulations in india

Gujarat, India

Tamil Nadu, India

Dehli, India

Featured Treatments

medical tourism laws regulations in india

MedicalTourism.com

MedicalTourism.com is a free, confidential, independent resource for patients and industry providers. Our mission is to provide a central portal where patients, medical tourism providers, hospitals, clinics, employers, and insurance companies can all find the information they need. Our site focuses on patients looking for specific knowledge in the fields of medical tourism, dental tourism, and health tourism.

Our Response to COVID-19 →

Medical Tourism

Navigating legal and regulatory compliance with medical tourism facilitators.

medical tourism laws regulations in india

As medical tourism continues to grow, ensuring legal and regulatory compliance becomes increasingly critical for facilitators, healthcare providers, and international patients. Navigating the complex web of laws and regulations across different countries can be a daunting task. This article explores the challenges and strategies for ensuring compliance in medical tourism facilitation, as well as the crucial role of facilitators in safeguarding the interests of international patients and healthcare providers.

1. Understanding the Legal Landscape

The legal landscape of medical tourism can vary significantly between countries, with each having its own set of laws and regulations governing healthcare provision, patient rights, and medical malpractice. Medical tourism facilitators must be well-versed in these legal frameworks to ensure they can effectively guide patients and providers through the process, minimizing the risk of non-compliance.

2. Data Protection and Privacy

Data protection and privacy are essential aspects of legal compliance in medical tourism. Facilitators must be knowledgeable about the data protection laws and regulations in both the patient's home country and the destination country. They must ensure that the collection, storage, and sharing of patient information adhere to these regulations, protecting the privacy of international patients and maintaining their trust.

3. Informed Consent

Informed consent is a fundamental principle in healthcare, ensuring that patients have a clear understanding of their treatment options, risks, and potential outcomes. Medical tourism facilitators play a vital role in facilitating informed consent by ensuring that patients receive comprehensive information about their treatment plan and that healthcare providers obtain the necessary consent documentation.

4. Medical Malpractice and Liability

Medical malpractice and liability are significant concerns in medical tourism. Facilitators must be aware of the legal frameworks governing medical malpractice in both the patient's home country and the destination country. They should be prepared to guide patients and providers through the process of addressing any potential malpractice claims and ensuring that appropriate liability insurance coverage is in place.

5. Ethical Considerations

Ethical considerations are an integral part of legal and regulatory compliance in medical tourism. Facilitators must be committed to upholding the highest ethical standards in their practices, ensuring that the rights and interests of international patients are protected. This includes addressing issues such as organ trafficking, exploitation, and other unethical practices that may be associated with medical tourism.

6. Patient Rights and Advocacy

Protecting patient rights is a core responsibility of medical tourism facilitators. They must be knowledgeable about the patient rights laws and regulations in both the patient's home country and the destination country and be prepared to advocate for their patients throughout the medical journey. This includes ensuring that patients have access to appropriate care, addressing any concerns or grievances, and facilitating communication between patients and healthcare providers.

7. Licensing and Accreditation

Ensuring that healthcare providers are licensed and accredited is a crucial aspect of legal and regulatory compliance in medical tourism. Facilitators must verify that the hospitals, clinics, and medical professionals they work with meet the necessary licensing and accreditation requirements in their respective countries. This helps ensure that international patients receive high-quality care from reputable providers.

8. Collaboration with Legal Professionals

Medical tourism facilitators must collaborate with legal professionals who specialize in healthcare law and regulations in both the patient's home country and the destination country. This collaboration ensures that facilitators stay up-to-date with the latest legal developments, receive guidance on complex compliance issues, and have access to expert advice when dealing with challenging legal situations.

9. Continuous Education and Training

Staying informed about the ever-changing legal and regulatory landscape in medical tourism is essential for facilitators. They must participate in continuous education and training programs to keep their knowledge current and ensure that they can effectively guide patients and providers through the complex compliance process.

In conclusion, navigating legal and regulatory compliance in medical tourism is a complex but crucial aspect of the facilitator's role. By staying informed, collaborating with legal professionals, and prioritizing patient rights and ethical considerations, facilitators can help safeguard the interests of international patients and healthcare providers.

Find Expert Guidance with Global Healthcare Resources

Global Healthcare Resources is the leading consulting firm in medical tourism and can assist your organization in growing its international patient programs and medical tourism business. Discover how their expertise can help you navigate the complexities of legal and regulatory compliance by visiting https://www.globalhealthcareresources.com/medical-tourism-consulting .

Connecting with Referral Organizations through the Global Provider Network

In addition to finding the right facilitator, it's essential to connect with referral organizations, such as employers' insurance companies and other medical tourism buyers. The Global Provider Network offers a comprehensive platform to facilitate these connections and help you navigate the complex world of medical tourism. Learn more about the benefits of joining the Global Provider Network at https://www.globalhealthcareresources.com/gpn .

If you want to learn how you can become a Certified Medical Travel Facilitator click on the link this link www.globalhealthcareaccreditation.com/medical-travel-facilitator-certification

Korea: Turning the Focus to an Emerging Global Leader in Medical Tourism

Exploring the surge of cosmetic tourism: trends and considerations in aesthetic procedures abroad, holistic healing: exploring integrative medicine and wellness retreats, meeting the surge: the growing demand for knee replacement surgeries and advances in the field, innovations in medical technology: how cutting-edge technology drives medical tourism, south korea, a medical tourism leader pioneering the future of medicine  , surgical solutions for obesity and weight management ~ a team effort, south korea ~ stepping into the spotlight in global healthcare, south africa ~ making great strides in healthcare, reusables give northwestern memorial a sharp edge on safety and sustainability, continue reading, best countries for stomach cancer treatment: a global perspective, ponderas academic hospital: elevating medical tourism with jci accreditation and personalized care, featured reading, guide to choosing korea for medical travel, transforming healthcare through innovation: ceo spotlight interview with matthew a. love, medical tourism magazine.

The Medical Tourism Magazine (MTM), known as the “voice” of the medical tourism industry, provides members and key industry experts with the opportunity to share important developments, initiatives, themes, topics and trends that make the medical tourism industry the booming market it is today.

  +91-11-23370009 [email protected]

medical tourism laws regulations in india

  • IMA HBI ADVISORY ON "CASHLESS EVERYWHERE"
  • Current Events
  • e-Publications
  • IMA Health Manifesto

medical tourism laws regulations in india

  • Concept Note on Preparation of Standard Operating Procedure for Medical Tourism in India
  • Medical Tourism

Concept Note on  Preparation of Standard Operating Procedure for Medical Tourism in India

Dr. Jugal Kishore, Professor & Head and Dr. Sanjeet Panesar, Senior Resident

Department of Community Medicine, Vardhman Mahavir Medical College, & Safdarjung hospital, New Delhi; Email: [email protected]

Introduction:

Medical tourism focuses on treatment of acute illnesses, elective surgeries like in cardiology, oncology, orthopaedics, etc. with an objective to promote India as a health destination for persons across the globe so as to gainfully utilize the healthcare expertise and infrastructure available in the country in view of increasing longevity of life. Health tourism also focuses on wellness, rejuvenation, preventive health, image health combined with traditional medicine like Ayurveda, Yoga, etc. In simple term medical tourism is tourism for health reasons. This tourism, widely also known as medical travel, health tourism or global healthcare tourism, covers all types of medical disease and health conditions, and provides healthcare at an affordable cost.

Indian medical tourism is growing very fast according to CII-McKinsey report 2000. With state of the art medical facilities, with ability to speak English, India has some of the world’s best health professionals and latest medical equipment with excellent technology and infrastructure that meet the stringent standards of the US Food and Drug Administration. However, the first choice is for medical tourism is Thailand. Citizens of countries like Great Britain and Canada, who have national health care schemes, often undertake overseas travel to cut down on extra waiting time. (1) Similarly, others might head abroad to get a cosmetic surgery done since it is not covered by most insurance providers. India is one of the cheapest countries to provide quality healthcare. Cost of the many procedures is just 6% to 21% of the US expenditure.  India deals with a high proportion of major surgery tourists than the other countries, which has given rise to specialist corporate hospitals across India. These hospitals are far out of the reach of most Indians and cater specifically to foreign tourists for various specialities – for example some centres will focus strongly on heart surgery while others will deal with joint replacements. These specialist hospitals are very new with top rate medical teams, high volume and experience in their specialty and the best equipment available. High volume of heart surgeries does not translate into high volumes overall, however, and these hospitals rely heavily on the internet, to recruit prospective patients. These facilities also offer procedures that are rare or unavailable in the United States, such as hip polishing or resurfacing, which is a popular surgery for medical tourists.

Tourism in India is impressive and most of the patients are satisfied but at the same time can be quite uncomfortable. Though excellent hotels and western restaurants are available, they are extremely expensive. Most of the cities of the country are having mixed rural slum and urban population with poor sanitation condition therefore travellers are very likely to suffer from diarrhoea and intestinal infections. Law and order issues are also emerged out from free flow of medical tourists in India. Besides the tourists India receives every year a lot of foreign students for international study and research, who if fall ill, are catered to by the Indian system of healthcare. Though the government and private hospitals provide treatment to these foreign students in special circumstances (2), many ethical, medico-legal and financial issues arise out of this which may affect medical tourism as well as well international diplomatic relations among the countries. Therefore an urgent need is to develop Standard Operating Protocol for treatment of Foreigners under medical tourism.

Scope of Health Tourism and present status in India

The Indian systems of medicines, i.e. Ayurveda, Yoga, Panchakarma, Rejuvenation Therapy, etc. are among the most ancient systems of medical treatment, of the world. Southern States of India, especially Kerala, has developed health tourism as one of the products for the promotion of tourism in Kerala. Health Tourism has also been promoted as one of the Unique Selling Points of the State. Most of the hotels/resorts are coming up with the Ayurveda Centres as an integral part. Most of the foreign tourists are now coming to India only for Ayurveda. The leading tour operators have included Ayurveda in their brochures. (3)

India’s medical tourism sector is expected to experience an annual growth rate of 30%, making it a $2 billion industry in 2015. (4) Most of the foreign patients are satisfied with the treatment but more need to be done (5). As medical treatment costs in the developed world rise - United States leading the way - more and more foreigners find the prospect of international travel for medical care increasingly appealing. According to an estimated 150,000 of these patients are travelling to India for low-priced healthcare procedures every year. Cosmetic surgery, Bariatric surgery, Knee cap Replacements, Liver transplantation and cancer treatments are some of the most sought out medical tourism procedures opted by foreigners. Some of the leading hospitals for medical tourism are corporate promoting Health Tourism worldwide.

The growth of Medical and Health Tourism in India is higher because of advantages such as:

1. Availability of world-class doctors and hospitals

2. The cost of the treatment is a fraction of cost in the source markets

3. Very low or no waiting period for various medical processes

4. Increasing popularity of India as a tourist destination in the west

5. Eastern Healthcare Wisdom along with the expertise of Western Medicine.

6. English Speaking health care workers 

The Ministry of Tourism has taken several steps to promote India as a Medical and Health Tourism Destination, which are as follows: (3)

1. The Confederation of Indian Industry, on advice by Government, has prepared a guide on select Indian hospitals of the country for health tourism purpose. It has been placed on the Website of the Ministry of Tourism i.e. www.incredibleindia.org for wider publicity.

2. Indian Healthcare Federation, a Non-Governmental organisation affiliated to Medical and health tourism has been specifically promoted at various international platforms such as World Travel Mart, London, ITP Berlin. Similarly, Website on tourism have been produced by the Ministry of Tourism and have been widely circulated for publicity in target markets.

3. A new category of 'Medical Visa' has been introduced, which can be given for specific purpose to foreign tourist coming to India for medical treatment. The government of India issues medical visa to every medical tourist and this visa can also be extended for over a year. This extended time of visa enable the patients to visit three times in a year and these patients can also be accompanied by a relative or friend at the time of medical tour to India.

4. Guidelines for accreditation of Ayurvedic and Panchkarma Centres have been circulated to all State Governments for implementation. These have been placed on the website of Ministry of Tourism i.e. www.incredibleindia.org for wider publicity.

5. Yoga/Ayurveda/Wellness has been promoted over the last two years in the print, electronic, internet and outdoor medium under the Ministry of Tourism's "Incredible India Campaign''.

6. Brochures & CDs on Body, Mind and Soul covering the traditional system of medicine have been produced and circulated extensively by the Ministry of Tourism.

7. Market Development Assistance (MDA) Scheme in the Sector: The Ministry of Tourism has included the promotion of Medical Tourism as new initiatives. The Marketing Development Assistance Scheme (MDA), administered by the Ministry of Tourism, Government of India, provides financial support to approved tourism service providers

Existing guidelines in India:

Guidelines are given to traveller who is visiting India for medical tourism to avoid any kind of uncertainties or problems–

•         To ensure that the hospital in India to be visited is licensed or not. The hospital must be recognized by a commission, any international healthcare auditing agency or by a Joint Commission International.

•         To check the cost and quality of patient care.

•         To get all possible details about the doctors before selecting them that includes their credentials, achievements and qualification. It is advisable to search about the hospital credentials on the internet.

•         It is crucial to know about treatment procedure well in order to have realistic expectations from the surgery. Patients should also be clear about post-operative care, recovery period and physical therapy.

•         Make sure to meet the treating doctor in person before undergoing any procedure. Personal examination such as diagnostic tests of a patient is first performed by the majority of hospitals to assess the possibility of conducting procedure.  

•         Make sure to carry all the essential documents along with their copies by the patient and store the originals in a safe place.

•         To carry all the health records and medical reports that are relevant to the medical procedure or surgery such as prescriptions, X-rays, health histories, immunization records, MRI’s and photographs.

•         Passport and Visa required along with debit cards, credit cards and travellers check. Also bring one or two major debit and credit cards, and some local currency. 

•         Make sure to carry your driver’s license that remains valid till the time you are travelling.(3)

The typical process is as follows: the person seeking medical treatment abroad contacts a medical tourism provider, who is commonly referred to as a "facilitator". The facilitator usually requires the patient to provide a medical report, including the nature of ailment, local doctor’s opinion, medical history, and diagnosis, and may request additional information, such as x-rays or diagnostic testing results. Certified physicians or consultants may advise on the medical treatment or recommend an initial consultation with a specialist. The approximate cost of treatment, the choice of doctor and hospital, expected duration of stay, and logistical information, such as accommodation, ground transportation, and flights are discussed as well. A patient may be asked to pay an upfront deposit for treatment. For those destinations which require a visa, the patient will be given recommendation letters for a medical visa for the relevant embassy. The patient travels to the destination country, where the medical tourism provider may assign a case executive, who takes care of on the ground experience, including translation, accommodation, and arranging aftercare. In the cases where patients self-pay for medical treatment, a final treatment bill will be presented upon completion of treatment. If the patient underwent surgery, there may be additional post-operative checks to discharge the patient and deem him or her "fit for flight" for the return home trip.

International Health Accreditation:

International healthcare accreditation is the process of certifying a level of quality for healthcare providers and programs across multiple countries. These organisations such as Canadian Council on Health Services Accreditation, Joint Commission International, United Kingdom Accreditation Forum, etc., certify a wide range of healthcare programs such as hospitals, primary care centers, medical transport, and ambulatory care services. (7,8) Joint Commission International is similar to the Joint Commission in the United States. Both are US-style independent private sector not-for-profit organizations that develop nationally and internationally recognized procedures and standards to help improve patient care and safety. They work with hospitals to help them meet Joint Commission standards for patient care.(9) The different international healthcare accreditation schemes vary in quality, size, cost, intent and the skill and intensity of their marketing. They also vary in terms of cost to hospitals and healthcare institutions making use of them.(10)

Medical tourism carries some risks also to central and local government: 

1. Some countries, such as South Africa, or Asian countries have very different infectious disease-related epidemiology to Europe and North America. Exposure to diseases without having built up natural immunity can be a hazard for weakened individuals, specifically with respect to gastrointestinal diseases (e.g. hepatitis, enteric fever, amoebic dysentery), which could weaken progress and expose the patient to mosquito-transmitted diseases, influenza, tuberculosis, etc. These diseases may not be picked up by doctors in their native countries because such diseases are perceived to be "rare" in the West. (11)

2. The quality of post-operative care can also vary dramatically, depending on the hospital and country, and may be different from US or European standards. Also, travelling long distances soon after surgery can increase the risk of complications. Long flights and decreased mobility associated with window seats can predispose one towards developing deep venous thrombosis and potential risk factor for pulmonary embolism. (12)

3. Other vacation activities can be problematic as well, cosmetic issues for example, scars may become darker and more noticeable if they sunburn while healing. (13)

4. Also, health facilities treating medical tourists may lack an adequate complaints policy to deal appropriately and fairly with complaints made by dis-satisfied patients. (14)

5. Differences in healthcare provider standards around the world have been recognised by the WHO, and in 2004 it launched the World Alliance for Patient Safety. This body assists hospitals and government around the world in setting patient safety policy and practices that can become particularly relevant when providing medical tourism services. (15)

6. If there are complications, the patient may need to stay in the foreign country for longer than planned or if they have returned home, will not have easy access for follow up care. (16)

Legal issues

1. Receiving medical care abroad may subject medical tourists to unfamiliar legal issues. (17)

2. The limited nature of litigation in various countries is one reason for the lower cost of care overseas. While some countries currently presenting themselves as attractive medical tourism destinations provide some form of legal remedies for medical malpractice these legal avenues may be unappealing to the medical tourist.

3. Should problems arise, patients might not be covered by adequate personal insurance or might be unable to seek compensation via malpractice lawsuits.

4. Hospitals and/or doctors in some countries may be unable to pay the financial damages awarded by a court to a patient who has sued them, owing to the hospital and/or the doctor not possessing appropriate insurance cover and/or medical indemnity. (18)

5. Issues can also arise for patients who seek out services that are illegal in their home country. In this case, some countries have the jurisdiction to prosecute their citizen once they have returned home, or in extreme cases extraterritorially arrest and prosecute. (19)

6. There are no clear policies addressing the disputes arising from treatment, complications and adverse reactions and death. No policies addressing the insurance and offshore agencies involved in medi-claims or health insurances. There are no robust and clear policies addressing on the medico-legal, post mortem dissections.

Ethical issues

1. There are some ethical issues involved in medical tourism. (17). For example, the illegal purchase of organs and tissues for transplantation had been methodically documented and studied in countries such as India. (20,21) The Declaration of Istanbul distinguishes between ethically problematic "transplant tourism" and "travel for transplantation”. (22)

2. Medical tourism may raise broader ethical issues for the countries in which it is promoted. For example, in India, some argue that a "policy for promotion of medical tourism to foreign patients and national health missions for general public will lead to a deepening of the inequities" already embedded in the health care system. (23)

3. Medical tourism centered on new technologies, such as stem cell treatments, is often criticised on grounds of fraud, lack of scientific rationale and patient safety.  The affordability by the foreign Nationals of the facilities such as Organ Transplantation deprives the nationals of the host country of the organ transplantation.

However, when pioneering advanced technologies, such as providing 'unproven' therapies to patients outside of regular clinical trials, it is often challenging to differentiate between acceptable medical innovation and unacceptable patient exploitation. (24,25)

Recommendations:

1. Policy development:

a.      There is a need of National medical tourism policy to promote and handle medical tourists.

b.      Clear cut guidelines should be prepared for infrastructure development, transport, visa, price banding, quality assurance, accreditation, training, legal and personal safety of medical tourist, health professionals and hospitals, at the same time maintaining social cost for the benefit of the general public.

c.       Guidelines for infection control for biomedical waste management, patients’ satisfaction and safety should be made mandatory.

2. Coordination with concerned ministries and other departments 

Multiple agencies in the form of different ministries or stakeholders are involved and a clear and transparent dealing with a medical tourist involves multiple stakeholders; A Committee needs to be formed which will include representatives from all stakeholders such as MOFHW, Ministry of Tourism, Ministry of Home Affairs, Ministry of External Affairs, Ministry of Commerce, Medical Council of India, National Accreditation Body for Hospitals, Indian Medical Association and participants from various Corporate Hospitals and Govt. Hospitals. This committee will provide a platform for regular meeting to supervise, strengthen, direct and promote Medical Tourism and address issues, develop guidelines etc. to provide solution to various short term as well as long term issues having indirect or direct implication to Medical Tourism.

3. Resource development:

a. List of hospitals which have been empanelled for medical tourism (procedures emergency and elective, Accreditation, ISO certification etc.)

b. Water and sanitation including personal hygiene of the employees are the major concerned for medical tourists (5).

c. Health Professionals should be trained in special issues such as to understand the cultural values, expectation and needs of medical tourists. All members of the team dealing with medical or health tourism should be trained in soft skills.

d. Upgrading basic services and information system: basic services, air connectivity, road link, internet connectivity, site seeing, round the clock interpreter, etc are important issues need to be tackled.

4. A detailed catalogue development having details regarding:

·                Processes for engagement with residents of various countries:         

·                Treating doctors, referral and communication with various health care facilities or their representatives.

·                Types of illnesses: list of diseases/illnesses to be outlined by various hospitals

4.       Development of a uniform and acceptable standard performa for coordination: agreement/MOU/communication to Govt. agencies, having the details of the patient seeking healthcare facility such as,

·                Personal details

·                Illness details and type of procedure/treatment recommended

·                Tentative period (and dates of visit or revisit)

·                Hospital and department details

·                Physician/surgeon (with team) responsible, if finalised

·                Procedural details, discharge summary (with side-effects and complications, if any)

·                Follow-up, responsible doctor in local country (his communication) for follow up

·                Passport or study visa or work permit

5.       Besides this protocol need to be developed for addressing aspects namely:

          ⁃            Public health: Public health risk associated, international health regulation (IHR) issues, epidemiological investigation, etc.

6.       Format needed to be developed for a uniform and real time Record keeping, reporting mechanism, data compilation which will help in coordination between various stakeholders and maintaining transparency.

7.       Provision needs to be made to address various legal issues: such as Disputes regarding treatment, complications or death

8.       An Advisory will be sent to the State Health Services with Performa to share Medical Tourism Data collected, if any and this shall be supervised by the MOHFW.

9.       International Medical Tourism Conference would be conducted jointly by IMA, MOC, MOHFW, and Ministry of Tourism.

10.     At the level of International Airports: A Medical Desk needs to be set-up for the assistance of Passengers on Medical Tourism for faster immigration clearance.

References:

1.      Medical India tourism. available at www.incredibleindia.org ministry of tourism, government of India assessed on 28th February 2016.

2.      Admission Handbook for patients available at www.sgh.co.sg patient admission accessed on 12th March 2016.

3.      WriteReadData/1892s/Medical%20tourism.pdf. Available at www.mohfw.gov.in accessed on 15-03-2016.

4.      Indian Medical Tourism to touch Rs 9,500 Crore by 2015. The Economic Times, https://economictimes.indiatimes.com/indian-medical-tourism-to-touch-rs-9500-cr-by-2015-assocham/articleshow/3943611.cms

5.      Grewal I, Das JK, Kishore J. Concerns, Expectations and Satisfaction of Medical Tourists Attending Tertiary Care Hospitals in New Delhi, India. JIMSA 2012; 25 (3): 151-154.

6.      Swamis to surgeries. Medicaltourismmag.com, January 19, 2011.

7.      Joint commission International Accreditation and certification web, Joint Commission International, retrieved 19 July 2011.

8.      Medical Tourism Magazine, Medical Tourism Association, February 2008.

9.      Facts about Joint Commission International. Joint Commission. 2008-12-11. Retrieved 2010-09-15.

10.  India: Accreditation a must, International Medical Travel Journal 2015.

11.  TB often Misdiagnosed. American Lung Association of Illinois. Archived in March 1, 2007. Retrieved 2007-03-10.

12.  New DVT Guidelines: No Evidence to support “Elective class Syndrome”; Oral contraceptives, Sitting in a window seat, advanced age and pregnancy increase DVT risk in long distance travellers . American College of Chest   Physicians. 7 February 2012. Retrieved 10 February 2012.

13.  Caring for your incision after surgery. FamilyDoctor.org, American Academy of Family Physicians, December, 2010. Retrieved July 23, 2013.

14.  Compliments, Comments, Concerns or Complaints. The Pennine Acute Hospitals. Retrieved 2015-01-01.

15.  World alliance for patient safety. WHO.int. 2010-05-05. Retrieved 2011-10-29.

16.  Ginger Rough (June 7, 2009).Globe trotting to cut down on medical costs. The Arizona Republic. Retrieved 1 January 2013.

17.  Medical Tourism: Ethical pitfalls of seeking healthcare overseas. Ahcpub.com. Retrieved 2011-10-29.

18.  Medical protection society MPS UK. Medicalprotection.org. Retrieved 2011-10-29.

19.  Cohen, Glenn (2012). "Circumvention Tourism". Cornell Law Review 97 (1309).

20.  IFTF’s Future now: the dark side of medical tourism.  Future.iftf.org . 2006-04-19. Retrieved 2011-10-29.

21.  Chopra, A. Organ transplant black market thrives in India. The San Francisco Chronicle (February 9, 2008)

22.  Participants in the International Summit on Transplant Tourism and Organ Trafficking convened by The Transplantation Society and International Society of Nephrology in Istanbul, Turkey, 30 April to 2 May 2008. "The Declaration of Istanbul on Organ Trafficking and Transplant Tourism." Kidney International 74, no. 7 (2008): 854-59.

23.  Gupta AS. Medical Tourism in India: Winners and Losers. Indian J Med Ethics 2008; 5(1): Jan March.

24.  Lindvall O, Hyun I. Medical Innovation versus stem cell tourism. Science. 2009 Jun26;324 (5935):1664-5. Ncbi.nlm.nih.gov . 2011-10-03. Retrieved 2011-10-29.

25.  ISSCR Guidelines for the clinical translation of stem cells.2008 Archived June 3, 2009.

Related Pages

  • Constitution of National Medical and Wellness Tourism Board
  • Medical Tourism Scan Doc

Upcoming Events

Our Response to COVID-19 →

Medical Tourism

Navigating the legal landscape: how medical tourism consultants ensure regulatory compliance.

medical tourism laws regulations in india

The medical tourism industry is a complex and rapidly evolving landscape, with healthcare providers seeking to attract international patients to their facilities. As more patients cross borders for medical care, healthcare providers must navigate a myriad of legal and regulatory requirements to ensure compliance and reduce the risk of potential legal issues. Medical tourism consultants play a vital role in this process, providing expert guidance on legal and regulatory compliance to help healthcare organizations successfully navigate the international patient market.

Understanding the Legal and Regulatory Challenges

In the medical tourism industry, healthcare providers face numerous legal and regulatory challenges. These can range from patient privacy and data protection laws to medical malpractice and liability concerns. Additionally, healthcare providers must also contend with international accreditation standards and industry-specific regulations that may vary significantly between countries. The complexity of these challenges highlights the need for expert guidance from medical tourism consultants.

The Role of Medical Tourism Consultants in Legal and Regulatory Compliance

Medical tourism consultants possess in-depth knowledge of the legal and regulatory landscape surrounding international healthcare. They use this expertise to advise healthcare providers on a wide range of issues, from understanding relevant laws and regulations to implementing compliant processes and procedures.

Assessing Legal and Regulatory Risks

A crucial aspect of a medical tourism consultant's role is to assess the legal and regulatory risks associated with a healthcare provider's international patient program. This involves a thorough review of the organization's operations, including patient intake procedures, medical services provided, and staff credentials. By identifying potential areas of risk, consultants can help healthcare providers develop a comprehensive risk management strategy to mitigate these risks and ensure compliance with relevant laws and regulations.

Developing Policies and Procedures

Medical tourism consultants work closely with healthcare providers to develop policies and procedures that comply with legal and regulatory requirements. These policies may address topics such as patient consent, data protection, medical malpractice insurance, and staff credentialing. By creating and implementing robust policies and procedures, healthcare providers can minimize their legal and regulatory risks, protecting both their organization and their patients.

Navigating International Accreditation Standards

Accreditation is a key aspect of the medical tourism industry, with international patients often seeking care from accredited healthcare providers. Medical tourism consultants can help healthcare organizations navigate the complex world of international accreditation, guiding them through the process of obtaining and maintaining accreditation from recognized bodies. This not only ensures compliance with industry standards but also serves as a valuable marketing tool for attracting international patients.

Monitoring and Adapting to Regulatory Changes

Laws and regulations in the medical tourism industry are constantly evolving, making it essential for healthcare providers to stay abreast of the latest developments. Medical tourism consultants monitor changes in the legal and regulatory landscape, keeping their clients informed and helping them adapt their operations accordingly. This proactive approach ensures that healthcare providers remain compliant and reduces the risk of potential legal issues arising from non-compliance.

Training and Education for Healthcare Staff

A key component of legal and regulatory compliance is ensuring that healthcare staff are knowledgeable about relevant laws, regulations, and best practices. Medical tourism consultants can provide training and education for healthcare staff, ensuring that they are well-equipped to handle the unique challenges associated with treating international patients. This may include training on patient privacy, cultural sensitivity, language barriers, and medical liability. By investing in staff education, healthcare providers can create a more supportive and compliant environment for international patients.

Ensuring Patient Privacy and Data Protection

Patient privacy and data protection are critical concerns in the medical tourism industry, with healthcare providers responsible for safeguarding sensitive patient information. Medical tourism consultants can advise on best practices for data protection, ensuring that healthcare providers adhere to relevant laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union. By implementing robust data protection measures, healthcare providers can minimize the risk of data breaches and protect their patients' privacy.

Addressing Medical Liability and Malpractice Concerns

Medical malpractice and liability are significant concerns for healthcare providers in the medical tourism industry. Medical tourism consultants can help organizations navigate the complexities of medical liability, advising on issues such as malpractice insurance, informed consent, and risk management. By addressing these concerns proactively, healthcare providers can reduce their exposure to legal risks and ensure that their patients receive the highest standard of care.

The Benefits of Partnering with a Medical Tourism Consultant for Legal and Regulatory Compliance

Working with a medical tourism consultant offers numerous advantages for healthcare providers looking to ensure legal and regulatory compliance in their international patient programs. These benefits include:

  • Expertise: Medical tourism consultants possess specialized knowledge of the legal and regulatory landscape in the medical tourism industry, making them invaluable resources for healthcare providers.
  • Risk Management: Consultants can help healthcare providers identify and mitigate potential legal and regulatory risks, protecting their organizations and patients from potential issues.
  • Compliance: By developing and implementing compliant policies and procedures, medical tourism consultants help healthcare providers adhere to relevant laws and regulations, reducing the risk of non-compliance.
  • Adaptability: Medical tourism consultants stay up-to-date on changes in the legal and regulatory landscape, ensuring that their clients can adapt their operations accordingly.
  • Staff Education: Consultants can provide training and education for healthcare staff, ensuring that they are knowledgeable about legal and regulatory requirements and best practices.

Global Healthcare Resources: Your Trusted Partner for Medical Tourism Consulting

When it comes to legal and regulatory compliance in the medical tourism industry, Global Healthcare Resources is the leading consulting firm you can trust. Our team of experts is dedicated to helping organizations like yours grow their international patient programs and medical tourism businesses while ensuring adherence to the complex legal and regulatory landscape. With our extensive experience and commitment to excellence, we are well-equipped to guide you through the challenges of the medical tourism industry.

To learn more about how we can assist your organization in navigating the legal and regulatory aspects of medical tourism, visit our website at https://www.globalhealthcareresources.com/medical-tourism-consulting . Don't miss the opportunity to enhance your international patient program and medical tourism business with the support of our knowledgeable and experienced consultants. Together, we can help you achieve your goals while maintaining the highest standards of legal and regulatory compliance.

Best Hospitals for CyberKnife Radiosurgery in Turkey

Una guía integral de los mejores hospitales para cirugía metabólica en la república dominicana, top metabolic surgery specialists in antigua and barbuda, international centers for leading cosmetic procedures, top medical tourism destinations for cosmetic dentistry, best clinics for reliable neurological procedures, global hotspots for advanced weight loss surgery clinics, travel for advanced dental implants abroad, continue reading, featured reading, certified medical tourism professional (cmtp): bridging the medical tourism training gap, cultural competency and the medical travel patient experience, punta mita hospital disrupts medical travel for fertility and surrogacy care, medical tourism magazine.

The Medical Tourism Magazine (MTM), known as the “voice” of the medical tourism industry, provides members and key industry experts with the opportunity to share important developments, initiatives, themes, topics and trends that make the medical tourism industry the booming market it is today.

  • Screen Reader
  • Skip to main content
  • Text Size A
  • Language: English
  • Case Studies
  • EXIM Procedure

Media & Events

  • Image Gallery
  • Media Coverage

Other Links

  • GI of India
  • Experience India
  • Indian Trend Fair 2022
  • India Organic Biofach 2022
  • Gulfood Dubai 2023

Indian Economy News

Number of medical tourists in india to exceed pre-pandemic levels in cy24.

  • May 6, 2024

India's medical tourism industry is poised for a robust resurgence, with projections indicating a significant rebound in the number of medical tourists surpassing pre-pandemic levels. According to Crisil, an estimated 7.3 million medical tourists are expected to visit India in the calendar year 2024, driven by factors such as top-notch healthcare infrastructure, skilled medical professionals, and cost-effective treatment options. Major hospital chains like Max Healthcare, Fortis Healthcare, and Apollo Hospitals are witnessing a surge in international patient revenue, with initiatives to expand their global outreach offices and capitalize on the growing demand for high-quality healthcare services in India.

The outlook for private hospitals in FY25 suggests that medical tourism, typically constituting 10-12% of hospital revenue, is anticipated to grow at a rate nearly double that of the overall industry growth. Max Healthcare has experienced a notable 27% year-on-year growth in international patient revenue, while Fortis Healthcare continues to contribute significantly to its overall business revenues. Apollo Hospitals, a trusted choice for international patients, is eyeing double-digit growth and plans to expand its outreach offices into new geographies. These hospitals are strategically establishing international offices to provide assistance with visa processes, travel arrangements, and comprehensive treatment plans while also engaging in capacity-building programs and medical training initiatives within target countries.

Disclaimer: This information has been collected through secondary research and IBEF is not responsible for any errors in the same.

Swatch Bharat

Not a member

IMAGES

  1. Medical Tourism in India Statistics 2023

    medical tourism laws regulations in india

  2. Technecon

    medical tourism laws regulations in india

  3. Facts about medical tourism in india by Medsoul India

    medical tourism laws regulations in india

  4. Medical Tourism In India and its Legal Regime

    medical tourism laws regulations in india

  5. Affordable Health Care and Medical Tourism in India

    medical tourism laws regulations in india

  6. MEDICAL TOURISM IN INDIA: 6 REASONS WHY IT IS A POPULAR DESTINATION

    medical tourism laws regulations in india

VIDEO

  1. CAA Celebrations Across India- Muslim Jamat President 'Welcomes Law'

  2. New FDI Regulations in India's Space Sector I Manish Shrivastava I StudyIQ IAS Hindi

  3. India के Telecom में घुस गई चाइनीस कंपनियां

  4. CAA Rules Notified

  5. CAA Rules Notified

  6. Invest In Your Future with TMU's Affordable Programmes

COMMENTS

  1. Medical Tourism Regulatory Framework In India: Ensuring Safety

    Several laws and regulations govern medical tourism in India to protect the interests of patients and ensure the highest standards of healthcare. The Clinical Establishments (Registration and Regulation) Act, 2010 establishes norms for the registration and regulation of all clinical establishments, including hospitals, clinics, and diagnostic ...

  2. PDF REVISED GUIDELINES FOR THE PROMOTION OF WELLNESS ...

    Tourism Association of India or Wellness and Medical Tourism Association of India, which will have open all India membership, is committed for holding elections at regular intervals & hold annual Audit of Accounts and is registered as a non profitable society. 4. Support under the Marketing Development Assistance (MDA) scheme for Wellness ...

  3. The Legal Regime of Medical Tourism in India

    Medical Visa is a result of the Government's recognition of the importance of medical tourism in India. It enables individuals to enter the country to procure medical treatment on valid visas. Medical malpractice laws in India. The medical malpractice laws in India with a focus on the Consumer Protection Act, 1986 (the "CPA").

  4. National Strategy and Roadmap for Medical and Wellness Tourism

    Website Content Managed by Ministry of Tourism, Government of India Designed, Developed and Hosted by National Informatics Centre ( NIC ) Last Update : 13-05-2024Ministry of Tourism, Government of India Designed, Developed and Hosted by National Informatics Centre ( NIC ) Last Update : 13-05-2024

  5. Medical Tourism

    Reference URL or Detailed PDF. Detailed PDF [40 KB] Validity. Perpetual. Keywords. Medical Tourism, Market Developments Assistance, MDA. MInistry of Health and Family Welfare is a Ministry under the Government of India and is charged with formulation, implementatio.

  6. PDF Draft National Strategy& Roadmap

    India has been ranked 10th in Medical Tourism Index (MTI) for 2020-21 out of 46 destinations of the world by Medical Tourism Association. Global Wellness Institute has estimated global wellness tourism market to be USD 639 Billion in 2017 with Secondary wellness travellers accounting for 89% of the trips and 86% of the expenditure.

  7. PDF Medical Tourism in India and Legal Aspects: An Overview

    governments. Apart from the cost factor the increase of medical tourism is due to availability of easy access to such Abstract: Medical tourism in India has made its mark since mid-1990s. Medical tourism is a kind of combination of rendering medical service along with a wellness tour in a country other than the country of origin of the patient.

  8. Ministry of Tourism has formulated a National Strategy and Roadmap for

    v. Promoting Wellness Tourism. vi. Governance and Institutional Framework . The Government of India liberalized the e-Tourist Visa Scheme pursuant to the Cabinet approval on 30.11.2016 and the e-Tourist Visa (eTV) scheme was renamed to e-Visa scheme and at present it has e-Medical Visa and e-Medical Attendant Visa as sub-categories of e-visa.

  9. Update on improving Medical Tourism in the country

    India ranks 10th in Medical Tourism Index (MTI) for 2020-2021 out of 46 destinations of the world Foreign Tourists Arrival on medical purpose increases from 1.83 lakh in 2020 to 3.04 lakh in 2021. Posted On: 21 MAR 2023 3:02PM by PIB Delhi India has been ...

  10. PDF Medical Tourism Scope of Health Tourism and present status in India

    Medical Tourism The objective is to promote India as a quality Healthcare destination for persons across the globe, so as to gainfully utilize the health care expertise and infrastructure available in the country. Scope of Health Tourism and present status in India Health Tourism holds immense hope. The Indian systems of medicines, i.e.

  11. National Strategy and Roadmap for Medical and Wellness Tourism

    GS Paper 2/3. Syllabus: Government policies/Issues Relating to Health/Economy Source: PIB Context: With an aim to improve medical tourism in the country, the Ministry of Tourism has formulated a National Strategy and Roadmap for Medical and Wellness Tourism (2022). Background: India has been ranked 10th in the Medical Tourism Index (MTI) for 2020-2021 out of 46 destinations in the world by the ...

  12. Development of Medical Tourism Hubs

    Details of number of medical tourists arrived in India during the last three years and the current year is given below: Year. Medical Tourists (in lakh) 2020. 1.83. 2021. 3.04. 2022. 4.75. 2023* (Jan-Oct) 5.04 *Provisional. ... In order to boost Medical Tourism in the country, Ministry of Tourism has formulated a National Strategy and Roadmap ...

  13. Framework for Promotion of Medical Tourism: A Case of India

    Medical tourism is quickly growing in developing countries. The healthcare players have recognized it as a potential area for economic diversification. The major factors affecting medical tourism in a country are cost, quality, language, and ease of travel. The healthcare services in India cost significantly lower than in western countries and the middle east. That is one of the reasons behind ...

  14. PDF Emerging trends of Medical Tourism in India: Changing scenario and

    modern Medical Tourism was born in India. Medical Tourism received a major boost in 2002 with the announcement of the National Health Policy of 2002. In 2014 Government commenced the E-Tourist visa and in 2018 a dedicated fund of INR 5000 crore was setup for enhancing the 12-champion service sector [2].

  15. Wellness & Medical Tourism

    Medical tourism (also called medical travel, health tourism or global healthcare) is a term used to describe the rapidly-growing practice of travelling across international borders to seek healthcare services. Services typically sought by travelers include elective procedures as well as complex surgeries, etc. India holds advantage as a medical ...

  16. Navigating Legal Complexities in Indian Medical Tourism: Patient Rights

    This post explores into some legal issues surrounding medical tourism in India such as patient rights; medical malpractice; cross border healthcare regulations. Patient Rights in Medical Tourism: When patients come to India for their treatment they might find that there are different legal rights available compared to those back home.

  17. India

    Discover medical tourism in India: a hub of excellence for affordable procedures. Explore top hospitals, procedures, costs, safety measures, and cultural considerations for a seamless medical journey. ... Medical Malpractice Laws. India has a set of laws dealing with medical malpractice and negligence, aimed at protecting the patient's rights.

  18. Navigating Legal and Regulatory Compliance with Medical Tourism

    Navigating the complex web of laws and regulations across different countries can be a daunting task. This article explores the challenges and strategies for ensuring compliance in medical tourism facilitation, as well as the crucial role of facilitators in safeguarding the interests of international patients and healthcare providers. 1.

  19. Indian Medical Association

    Medical India tourism. available at www.incredibleindia.org ministry of tourism, government of India assessed on ... "Circumvention Tourism". Cornell Law Review 97 (1309). 20. IFTF's Future now: the dark side of medical tourism. Future.iftf.org. 2006-04-19. Retrieved 2011-10-29. 21. Chopra, A. Organ transplant black market thrives in India ...

  20. Navigating the Legal Landscape: How Medical Tourism Consultants Ensure

    Laws and regulations in the medical tourism industry are constantly evolving, making it essential for healthcare providers to stay abreast of the latest developments. Medical tourism consultants monitor changes in the legal and regulatory landscape, keeping their clients informed and helping them adapt their operations accordingly. ...

  21. Medical Tourism Guidelines in India

    If you are coming to India for Medical tourism, here are the complete details about Medical tourism guidelines in India. For more browse through our website. (+91) 9717766080 [email protected] ICQ No. 628737634

  22. Number of medical tourists in India to exceed pre-pandemic ...

    IBEF. May 6, 2024. India's ...

  23. Medical Tourism In India

    Medical Tourism In India 🏥| Day 14 | 100k in 90 days challenge | #shorts#shorts #facts#laws#lawyer #surya#suryaprakash #suryaprakashsankhla#100Kin90DaysChal...