Most nursing homes in Mumbai are in residential buildings, and do not have separate entry/exit ways as required by the law. On July 30, 2010, the state issued a government resolution (GR) permitting nursing homes, even those without separate staircases, to operate on the condition that they have a change of user certificate. The BMC renews the registration after it verifies that residents are not affected. The deadline for the renewal is March 31, 2011, and will affect more than 1,000 nursing homes. Obtaining this piece of paper, however, is not easy and the applicant requires a host of documents including the building's original plan and the society's no-objection certificate. In a show of solidarity, all 1,500-odd nursing homes in the city will observe the strike.
The Brihanmumbai Municipal Corporation (BMC) says it is simply following the government resolution, and that a change of user certificate is required under Section 51 (3) of the Development Control (DC) rules of 1991.The BMC has issued a circular asking medical officers to not renew the registration of nursing home that do not have the document.
Dr Rajeev Walawalkar, president of Association of Medical Consultants (AMC) said the BMC has denied renewal of registration to nursing homes that have been in existence in residential premises even before the DC rules came into existence. "Nursing homes play an indispensible role in city's health care system. A solution has to be found or it will breed another form of corruption," he said.
Over the last three years, the BMC was renewing registrations without asking for a certificate. Dr Sudhir Naik, secretary of AMC, said the civic body was only asking for an undertaking from the nursing home that the BMC would not be held responsible if a residential society moves court. He said: "And now they are suddenly insisting on a change of user certificate. Nursing homes will have not option but to shut down."
Owners are asking the government (and the BMC) to pass a law regularizing all existing nursing homes. Walawalkar said, "We are willing to pay a reasonable penalty or premium if necessary to resolve this deadlock. Nobody would like to operate under an illegal tag."
The BMC, too, wants to avoid a strike. Manisha Mhaiskar, additional municipal commissioner said: "We have addressed many of nursing home owners' problems. We are willing to do so with other problems as well."
The AMC has proposed that the DC rules be amended so that all existing nursing homes will be protected.
GT Ambe, executive health officer of the BMC said: "Any deviation from the DC rules can be deemed as contempt of court. The nursing homes will have to bring a change of user certificate to get their registration renewed."