Amplification of provisions related to extension/termination of MOA with HCOs: ECHS Order dated 17.12.2021
Central Organisation ECHS
Adjutant General’s Branch
Ministry of Defence (Army)
Near Gopinath Circle
Delhi Cantt —10
17 Dec 2021
All Regional Centres, ECHS
AMPLIFICATION OF PROVISIONS RELATED TO EXTENSION/TERMINATION OF MOA WITH HCOs
1. Refer the following:-
(a) CO ECHS letter No 49771/AG/ECHS/Emp dated 14 Jun 2019.
(b) CO ECHS letter No 49771/AG/ECHS/Emp dated 28 Jun 2019.
(c) MoD (DoESW) letter No 25(02)/2018VE/D(Res) dated 10 Oct 2019.
(d) COECHS letter No B/49717-C/AG/ECHS dated 04 Dec 2019.
Extension of MoA
2. Procedure for extension of MOA is as given in the succeeding paras.
3. Extension of MoA requires the medical facility to submit signed MoA with requisite documents to concerned Regional Centre well before the date of expiry of MoA for signature by Director, Regional Centre. The MoA of such an empanelled medical facility shall be renewed by Director Regional Centre concerned before the date of its expiry provided the papers being in order and the following aspects are adhered to.
(a) No arbitration case has been filed by the medical facility against ECHS/MoD which is pending in arbitration court as on the due date of renewal of MoA.
(b) No court case has been filed by a medical facility against ECHS/MoD which is pending decision as on the due date of renewal of MOA.
(c) No order for ‘Stop Referral’ has been issued against that medical facility prior to the due date of renewal.
4. In such cases as mentioned in Para 3(a) to (c) above, extension of MoA shall not be done until a final decision has been taken by MoD/DoESW. In all such cases CO, ECHS shall clearly intimate the MoD/DoESW that MoA of the empanelled medical facility has not been renewed alongwith reasons for not doing so. CO ECHS shall also intimate the decision of not renewing the MoA alongwith reasons thereof to the medical facility concerned within seven working days after expiry of due date of renewal of existing MoA. Stop Referral will be issued by Regional Centre from the date of expiry of the MoA until further renewal or natural expiry of ‘Stop Referral’ after disempanelment. Before recommending a HCO for disempanelment, it will be ensured that there are no dues pending to be paid to the HCO.
Non Renewal of MoA by HCO
5. Where an empanelled medical facility does not seek renewal, Stop Referral will be issued by Regional Centre from the date of expiry of the MoA until further renewal. Director Regional Centre will issue a notice to the medical facility 30 days after expiry of MoA to submit renewal documents. If the medical facility does not respond to the notice of Director, Regional Centre, even 60 days after expiry of the MoA, Dir Regional Centre will recommend disempanelment of the HCO and process the case with recommendations of Cdrs in Chain to Central Org ECHS. MD ECHS will further process the case with MoD/DoESW for disempanelment with his recommendations. Before recommending a HCO for disempanelment, it will be ensured that there are no dues pending to be paid to the HCO.
Premature Termination of MoA
6. Para 41 (c) of the MoA provides for termination of MoA by either the empanelled HCO or ECHS with prior notice of 30 days.
7. Premature Termination by Empanelled HCO. Upon intimation of premature termination of MoA by the HCO with prior notice of 30 days, the Dir Regional Centre will ensure that all concerned are intimated about the impending termination of MoA to include, the polyclinics, BPA and the beneficiaries. Stop Referral will be issued against the concerned HCO by the Regional Centre from the date of termination of the MoA. A show cause notice will be issued asking the HCO as to why the facility should not be disempanelled within 30 days of termination of MoA. Based on the reply received or non receipt of reply within 15 days of serving the notice, Dir Regional Centre may take up case with CO ECHS for disempanelment with recommendations of Cdrs in chain. CO ECHS will thereafter process the case with MoD/DoESW with recommendations of MD, ECHS. Before recommending a HCO for disempanelment, it will be ensured that there are no dues pending to be paid to the HCO.
8. Premature Termination by ECHS. As per the provision of MoD letter No 22D(04)/2011/US(WE)/D(Res) dated 22 Jul 11, MoA/Contract of empanelled hospital can be Suspended/terminated only with the approval of MoD/DoESW. A case will be taken up by Dir Regional Centre with recommendations of Cdrs in chain with CO ECHS for obtaining prior sanction of the MoD/DoESW for premature termination of MoA with an empanelled HCO giving reasons. On receipt of sanction of MoD/DoESW, notice for termination of MoA will be served on the HCO and the MoA will be terminated after expiry of 30 days of notice. Stop Referral will be issued against the concerned HCO by the Regional Centre from the date of termination of the MoA. A separate case for disempanelment will be taken with MoD/DoESW within 30 days after termination of MoA. Before recommending a HCO for disempanelment, it will be ensured that there are no dues pending to be paid to the HCO.
In cases relating to violation of MoA and actions to be taken against the empanelled HCOs, provisions of MoD/DoESW letter No 25(02)/2018/WE/D(Res) dated 10 Oct 2019 will be complied with.
9. The letters mentioned at Para 1(a) & (b) will be treated as cancelled. ,
10. This has approval of MD ECHS.
(Anupam N Adhaulia)
For MD ECHS