THE PUNJAB PRIMARY AND SECONDARY HEALTHCARE
SERVICES ACT 2025
(Act LX of 2025)
C O N T E N T
S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Healthcare
Facilities.
4. Maryam
Nawaz Community Health Services.
5. Maryam
Nawaz Health Clinics.
6. Outreach
Mobile Healthcare Units.
7. Maryam
Nawaz Hospitals.
8. Tehsil
Headquarter Hospitals.
9. District
Headquarter Hospitals.
10. Monitoring,
Reporting & Evaluation.
11. Health
Data Protection and Confidentiality.
12. Digital
Referral System.
13. Responsibilities
of the Department.
14. Director
General, officers, etc.
15. Recruitment
of Human Resource.
16. Liaison
with other departments, etc.
17. Public
Servants.
18. Indemnity.
19. Delegation
of Powers.
20. Power
to make rules.
21. Act
to override.
22. Removal
of difficulties.
23. Saving.
[1]THE PUNJAB PRIMARY AND SECONDARY HEALTHCARE
SERVICES ACT 2025
(Act LX
of 2025)
[1st July 2025]
An Act to
provide the mechanism for provision of healthcare services, as well as
operation and management of primary and secondary healthcare facilities
It is necessary and expedient to provide for a framework for provision of primary and secondary healthcare services through a complete structure of outreach community services, primary essential package of healthcare services and hospital based secondary healthcare to ensure universal access to quality healthcare, digitization of public healthcare records and building a digital referral mechanism within the province of Punjab.
It is
hereby enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement. (1)
This Act may be cited as the Punjab Primary and Secondary Healthcare Services
Act 2025.
(2) It
extends to the whole of Punjab.
(3) It
shall come into force at once.
2. Definitions. In the Act:
(a)
Act means the
Primary and Secondary Healthcare Services Act, 2025;
(b)
agreement means
a written contract stipulating terms and conditions between service provider
and the Department for provision of Community Health Inspectors or management
of health facilities between the health manager and the Department;
(c)
Community Health
Inspector means an accredited healthcare professional designated under this
Act;
(d)
Department means
the Health and Population Department, Government of the Punjab;
(e)
Director General
means the Director General Health Services, Punjab;
(f)
Directorate
means the Directorate of Monitoring and Evaluation as established under section
10 of the Act;
(g)
electronic medical records means digital records of a
persons medical history, diagnostics, clinical assessments and healthcare
services received through Community Health Inspector, outreach mobile
healthcare units or at any primary or secondary healthcare facility;
(h)
Government means
the Government of the Punjab;
(i)
healthcare
facility means premises provided under section 3 of the Act;
(j)
health manager
means medical practitioner for outsourced service delivery or specialist
consultants provided under sections 5 and 7 of the Act;
(k)
healthcare
services means and includes all services relating to primary and secondary
healthcare as notified by the Department from time to time for improving
quality of healthcare service delivery;
(l)
health data
means the data described in section 11 of the Act;
(m)
medical
practitioner means an MBBS doctor registered with the Pakistan Medical and
Dental Council and has a valid registration throughout his engagement as
service provider;
(n)
patient means
any individual who visits a healthcare facility and receives a healthcare
service;
(o)
prescribed means
as prescribed by the rules framed under the Act;
(p)
service provider
means medical practitioner, specialist consultants, health manager, outsourced
agency providing Community Health Inspectors, or any person who has been hired
for any purpose under the Act;
(q)
specialized
hospital means a hospital which is directly under the control of the
Specialized Healthcare and Medical Education Department, Government of the
Punjab; and
(r)
Union Council
shall have the same meaning as provided in the Punjab Local Government Act,
2022 (Act XXXIII of 2022).
3. Healthcare Facilities. Following premises shall serve as
healthcare facilities under the provisions of the Act:
(a)
Maryam Nawaz
Health Clinics;
(b)
Maryam Nawaz
Hospitals;
(c)
Tehsil Headquarter
Hospitals; and
(d)
District
Headquarter Hospitals.
4. Maryam Nawaz Community Health Services. (1) Maryam Nawaz
Community Health Services Programme shall provide
basic healthcare to people from birth to end of life at home and in communities
through Community Health Inspectors.
(2) The Government
shall determine terms and conditions, fee for services and responsibilities of
the Community Health Inspectors.
(3) In addition to the
general responsibilities, the Department may from time to time notify
designated area, description of services and additional tasks, related and
ancillary to healthcare services, for Community Health Inspectors.
(4) The Department
shall hire Community Health Inspectors either directly or through third party
service providers.
Provided that in case Community Health Inspectors are
hired through a third-party service provider, all modalities shall be finalized
through a written Agreement.
5. Maryam Nawaz Health Clinics. (1) The Department
shall make arrangements for provision of essential package of healthcare
services through establishing one or more fully equipped Maryam Nawaz Health
Clinics in each Union Council depending on population of the Union Council by
either upgrading the existing healthcare facilities or by constructing new
healthcare facilities wherever required, to be determined by the Government.
(2) Maryam Nawaz
Health Clinic shall be made operational on performance-based financing, through
complete outsourcing to a medical practitioner as a health manager, for
operational management, including clinical services, provision of allied health
professionals and free medicines to patients.
(3) The Government
shall determine eligibility criteria and devise a mechanism for hiring of
health manager through an open competitive process for the purpose.
(4) Terms and conditions of Agreement of
outsourcing shall be determined by the Government containing, inter alia,
the following:
(a)
Scope of services;
(b)
Responsibilities
of parties;
(c)
Financial terms;
(d)
Duration of
contract;
(e)
Monitoring and
evaluation mechanisms;
(f)
Termination and
dispute resolution clauses; and
(g)
Any other special
policy instructions issued by the Department from time to time.
(5) Subsequent to digitization of health
data of catchment population for each health clinic; the Government may decide
to make the said clinic operational through outsourcing of services to a health
manager on capitation payment basis.
(6) The Government
shall determine the designated catchment area of health clinic, the rate of
capitation payment per person and the duration of Agreement for the purpose.
6. Outreach Mobile Healthcare Units.
The
Department shall make arrangements for provision of healthcare services in
uncovered urban areas or hard to reach areas through mobile healthcare service
units.
7. Maryam Nawaz Hospitals. (1) The Department
shall make arrangements for provision of healthcare services including but not limited to pediatrics, dental,
gynecological and surgical procedures, and related diagnostic services across
the province either through establishment of at least one fully equipped Maryam Nawaz Hospital to address the needs of
population constituting catchment area of maximum five Maryam Nawaz Health
Clinics by upgrading the existing facilities or constructing such new hospitals
wherever required, to be determined by the Government.
(2) Maryam Nawaz
Hospitals shall be made operational through complete outsourcing on
performance-based financing to health manager,
comprising the prescribed specialist consultants, for operational management,
including clinical services, provision of allied health professionals and free
medicines to patients.
(3) The Government shall determine eligibility criteria,
qualification and the mechanism for hiring specialist consultants through an
open competitive process for outsourcing purpose.
(4) Terms and
conditions of Agreement for outsourcing are to be determined by the Government
containing, inter alia, the following:
(a)
Scope of services;
(b)
Responsibilities
of parties;
(c)
Financial terms;
(d)
Duration of
contract;
(e)
Monitoring and
evaluation mechanisms;
(f)
Termination and
dispute resolution clauses; and
(g)
Any other special
policy instructions issued by the Department from time to time.
8. Tehsil Headquarter Hospitals. (1) The Department shall make arrangements for
provision of wide range of secondary level specialist healthcare services and
related diagnostic services at tehsil level, except district headquarters,
across the province by establishing at least one fully equipped Tehsil
Headquarter Hospital, to be determined by the Government.
(2) The Department
shall determine and notify the range of specialist services, outpatient,
inpatient and emergency services to be provided by Tehsil Headquarter
Hospitals.
(3) The Government may
determine operational mechanism for Tehsil Headquarter Hospitals through
administration by the Department or complete outsourcing to eligible persons for management, provision of administrative
and clinical services, provision of allied health professionals, support staff
and free medicines to patients through open competitive process on
performance-based financing.
9. District Headquarter Hospitals. (1) The Department
shall make arrangements for provision of complete package of secondary level
specialist healthcare services and related diagnostic services at district
headquarters across the province, except where specialized hospitals are set
up, by establishing at least one fully equipped District Headquarter Hospital,
to be determined by the Government.
(2) The Department shall determine and
notify complete range of services relating to each specialty, outpatient,
inpatient and emergency services to be provided by District Headquarter
Hospitals.
(3) The Government may
determine operational mechanism for District Headquarter Hospitals through
administration by the Department or complete outsourcing of management,
provision of administrative and clinical services, provision of allied health
professionals, support staff and free medicines to eligible persons through
open competitive process on performance-based financing.
10. Monitoring, Reporting & Evaluation. (1) The
Department shall establish a Directorate comprising of a Command & Control
Center for monitoring, reporting, evaluating and regulating service delivery at
all primary and secondary levels.
(2) The directorate may employ an integrated approach of
collection, verification and analysis of real-time health data from the
healthcare facilities through electronic medical records, including, inter
alia, provision of community services, preventive services, patient
visits, general physician and specialist
medical practitioner consultations, diagnostic services, surgical and other
curative procedures, emergency care, maternal and child healthcare services,
immunizations, family planning, closed circuit television footage, routine and
surprise field visits through designated monitoring assistants.
(3) The Department may appoint and post such
number of officers for this directorate as deemed necessary keeping in view its
requirements.
(4) The Department, for the purpose of defining the
mandate of this directorate, shall notify specific responsibilities from time
to time.
11. Health Data Protection and Confidentiality. (1)
Subject to the provisions of this Act, all data or information acquired
or collected by the Department, either through physical or electronic methods
shall make part of the health data, which shall include:
(a)
persons
demographic and medical information and any other ancillary data acquired
during the course of service delivery;
(b)
any information
acquired through electronic medical records;
(c)
data regarding
stock details of bio-medical or other equipment, machinery, medicines,
consumables, vaccines and any other moveable or immovable assets pertaining to
the Community Health Inspector or healthcare facilities;
(d)
Any data or
information to determine service delivery performance of Community Health
Inspectors, Health Managers, Healthcare Facilities or any service provider;
(e)
Any data relating
to key performance indicators;
(f)
Any data relating
to communicable and non-communicable diseases;
(g)
Any data acquired
in the course of performance of contractual obligations under the Agreement;
(h)
Any data which is
acquired directly or indirectly under the provisions of the Act, rules framed
hereunder and the Agreement; and
(i)
Any other form of
data as may be prescribed in the rules or as the Department may notify from
time to time.
Provided that all the rights relating to the Health
Data are reserved by the Department, and the same may be used and shared for
analysis to improve the quality of health service delivery by the Department.
Provided further that the Health Data may be provided
upon the directions of a Court or a forum strictly in accordance with the
prevalent law.
(2) The protection and confidentiality of
the Health Data shall be ensured. Any person who has acquired access to the
Health Data, voluntarily or involuntarily, shall keep the same confidential and
may not use or disseminate it without the specific approval of the Department.
12. Digital Referral System. (1) The Department shall make technical
arrangements and capacity building support for establishing Digital Referral
System with two-way referral from primary level facilities to secondary level
facilities or specialized hospitals and vice versa with the aim to optimize
patient satisfaction and utilization of time, human and financial resources.
(2) The Department
shall determine and notify standard operating procedures for implementation of
digital referral system at all healthcare facilities and outreach mobile
healthcare units.
13. Responsibilities of the Department. The
Department shall be responsible for:
(a)
allocation and
provision of necessary development or non-development resources and support
from local or international agencies for provision of healthcare services at
all levels;
(b)
ensuring provision
of necessary infrastructure, equipment, machinery, vaccines, medicines and any
other ancillary items as may be required;
(c)
monitoring
provision of healthcare service delivery in community and at Health Facilities
and take necessary corrective measures, wherever required;
(d)
carrying out
routine third-party evaluations to analyze service delivery performance in
community and at Healthcare Facilities;
(e)
provision of
platforms for necessary capacity building trainings and workshops for
healthcare service providers from time to time on its own or through third
parties, non-government organizations and other entities for improving the
standard of services;
(f)
making arrangement
for dissemination of information through print and social media regarding
healthcare services when necessary; and
(g)
safeguarding the
implementation of the provisions of this Act, rules framed hereunder, and the
terms of the Agreement.
14. Director General, officers, etc. (1) The Director General, on behalf of the
Department and subject to such terms and conditions as may be determined by the
Department, shall be the designated authority to ensure functioning and
implementation of the provisions of this Act.
(2) The Department may appoint such number
of officers, advisors, experts, consultants or other employees as per its
requirements for smooth implementation of the Act.
15. Recruitment of Human Resource. (1) All recruitment of clinical or
non-clinical staff including inter alia administrative staff, specialist
consultants, medical practitioners, pharmacists, allied health professionals
and support staff shall be on special pay packages for a fixed term.
(2) The Government
shall determine terms and conditions, special pay packages and job description
of all positions mentioned in sub-section (1).
(3) The Government
shall constitute Special Selection Committees for all recruitment mentioned in
sub-section (1).
(4) Human resource
hired under this Act through any mode shall neither be entitled to
regularization of services regardless of the duration of their work performed
for the purposes of this Act nor shall claim status of Civil Servant under the
Punjab Civil Servants Act 1974.
16. Liaison with other departments, etc. (1) For the purposes
of uninterrupted healthcare service delivery under the provisions of the Act,
the Department may establish liaison with any other department, authority or
body of the Government or any third party.
(2) In that
eventuality, such department, authority or body of the Government, third party,
non-government organization or a foreign agency shall be bound to provide
assistance to the best of its capacity for furthering the purpose of the Act
and the rules framed hereunder.
17. Public Servants. The
Director General, an officer, expert, advisor, consultant, clinical or
non-clinical staff member, health manager or community health inspector working
directly under the Act, shall be deemed to be a public servant in terms of
Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
18. Indemnity. No suit,
prosecution or other legal proceedings shall lie, against the Government,
Department, Director General or any other person providing healthcare service,
for anything which is, in good faith, done or intended to be done under the Act
or the rules.
19. Delegation of Powers. (1) The Government or
the Department may, by notification, delegate any of the powers under this Act
to an officer subordinate or any other local authority or entity in such
circumstances and on such conditions as it may determine.
(2) The Department may
constitute committees for the purpose of completing the assignments and
regulating the affairs under the provisions of the Act, and the rules framed
hereunder.
20. Power to make rules. (1) Government may, by notification in the
official Gazette, make rules to carry out the purposes of the Act.
(2) Without prejudice
to the generality of provisions of sub-section (1), the rules may provide for, inter
alia, any of the following:
(a)
Functioning, maintenance, and
performance of healthcare facilities;
(b)
collection,
monitoring, reporting, evaluation, analysis and protection of data;
(c)
provision of
designated health services at the healthcare facilities;
(d)
any other matter
in furtherance of the provision of the Act.
21. Act to override. Notwithstanding
anything contained in any other law for the time being, the provisions of this
Act shall have an overriding effect.
22. Removal of difficulties. If any
difficulty arises in giving effect to the provisions of the Act, the Government
may, by an order, not inconsistent with the provisions of the Act, remove the
difficulty.
23. Saving. (1) All actions
already taken by the Department to the extent that they are not
inconsistent with the objectives and provisions of the Act, shall be deemed to
have been validly done.
(2) The Department
may, to the extent of any inconsistency, make requisite changes for bringing
the existing framework in consonance with the provisions of the Act.
[1]This Act was passed by the Punjab Assembly on
26 June 2025; assented to by the Governor of the Punjab on 01 July 2025; and
was published in the Punjab Gazette (Extraordinary), dated 01 July 2025; page 05-10.