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Legal & Policy Toolkit

Know Your Rights

NPRD 2021 guide, IGST & customs exemptions, insurance dispute steps, and constitutional protections — everything rare disease families need to access their entitlements.

Your Fundamental Entitlements

6 Rights Every Rare Disease Patient Has

These are not privileges — they are legal entitlements backed by Indian law, policy, and constitutional guarantees.

Right to Treatment at CoEs

You have the right to free diagnosis and treatment at NPRD-designated Centres of Excellence regardless of income.

Right to Financial Aid

Patients diagnosed with notified rare diseases can apply for the ₹50L government assistance fund through the CoE.

Right to Insurance Coverage

Health insurers cannot categorically exclude rare diseases. Each claim must be individually assessed under IRDAI circular 2020.

Right to Legal Remedy

Article 21 guarantees right to life. Courts have held this includes access to essential medicines and treatment for life-threatening conditions.

Right to Tax Benefits

Medical expenses on rare disease treatment are deductible under Section 80DDB of the Income Tax Act.

Right to Drug Import

You can import life-saving drugs for personal use under IGST and customs exemptions with a valid doctor's certificate from a CoE.

NPRD 2021

National Policy for Rare Diseases — A Plain-Language Guide

India's NPRD 2021 is the primary government framework for rare disease diagnosis, treatment, and financial support. Here is what it actually guarantees you.

CoEs notified under NPRD 2021: AIIMS New Delhi, PGIMER Chandigarh, JIPMER Puducherry, NIMHANS Bengaluru, Sanjay Gandhi PGI Lucknow, and more.

Read Full NPRD 2021
01

Free Treatment at CoEs

NPRD 2021 designates Centres of Excellence (CoEs) — AIIMS, PGI, NIMHANS — that provide subsidised or free treatment for notified rare diseases.

02

₹50 Lakh Financial Assistance

Patients with rare diseases included under Group 1 & 2 of NPRD are eligible for up to ₹50 lakh in one-time financial support from the government.

03

Crowd-Funding Portal

NPRD includes an individual crowd-funding portal hosted by DoHFW to help families raise funds directly from the public for high-cost treatments.

04

SEHAT Scheme Integration

Beneficiaries under PMJAY-SEHAT are covered for rare disease treatment under applicable packages at empanelled hospitals across India.

05

Patient Registry

NPRD mandates creation of a national registry of rare disease patients for research, epidemiology, and policy planning — ensuring your data drives future policy.

06

CSR Fund Eligibility

Companies can direct their CSR funds to rare disease treatment under Schedule VII of the Companies Act — a legal pathway for corporate support.

Tax & Customs Relief

IGST Exemptions & Tax Benefits

Multiple notifications reduce or eliminate import duties and GST on rare disease medicines — but you need the right documentation.

HSN 3004Life-saving drugs

Enzyme replacement therapies (ERTs) for Gaucher, Fabry, Pompe and other LSDs attract 5% GST (reduced from 12%) or are zero-rated when imported for personal use.

Notification 12/2012Custom duty exemption

Basic customs duty is fully exempt on drugs imported for rare diseases under NPRD when a certificate is obtained from the treating CoE doctor.

IGST ExemptionPersonal import route

Under IGST Notification 47/2017, medicines imported for personal use by a patient (with prescription + doctor certificate) are fully exempt from IGST.

Sec 80DDB IT ActIncome tax deduction

Expenditure on treatment of specified rare diseases qualifies for deduction under Section 80DDB — up to ₹1 lakh for senior citizens.

Documents Required for Import Exemption

Prescription from a CoE specialist
Certificate of rare disease diagnosis
Import permit from CDSCO (Form 12-B)
Patient identity proof (Aadhaar / passport)
Insurance Help

Insurance Claim Rejected? Step-by-Step Guide

Health insurers frequently reject rare disease claims citing "exclusion clauses." Here is the exact escalation path that has worked for families.

01

Document Everything

Collect all claim rejection letters, policy documents, medical records, and discharge summaries. Keep originals and make notarised copies.

02

File a Grievance with Insurer

Submit a written grievance to the insurer's Grievance Redressal Officer (GRO). They must respond within 15 days under IRDAI regulations.

03

Escalate to IRDAI Bima Bharosa

If unsatisfied, file a complaint on IRDAI's Bima Bharosa portal (bimabharosa.irdai.gov.in) or call the toll-free helpline 155255.

04

Approach Insurance Ombudsman

For claims up to ₹30 lakh, approach the Insurance Ombudsman in your region. The process is free, and decisions are binding on the insurer.

05

Consumer Forum / NCDRC

File a complaint under the Consumer Protection Act 2019 at the District Consumer Forum (claims < ₹50L), State Commission, or NCDRC for larger amounts.

06

High Court Writ Petition

For denial of life-saving treatment, a writ petition under Article 21 (right to life) of the Constitution has been used successfully by rare disease patients.

Important: IRDAI Circular 2020

IRDAI's 2020 circular mandates that insurers cannot deny coverage for rare diseases purely based on disease name. Each claim must be individually evaluated on medical necessity. Cite this circular in every grievance letter.

Key Helplines & Contacts

Save these numbers. When you need help navigating the system, these are your first calls.

IRDAI Helpline

155255

Insurance complaints & guidance

NPRD DoHFW Helpline

1800-180-1104

Rare disease policy & CoE referrals

National Consumer Helpline

1915

Consumer dispute resolution

Taraasha Helpline

care@taraashafoundation.com

LSD-specific legal guidance

Need Personalised Legal Guidance?

Our team can help you draft grievance letters, connect with a CoE, or navigate your insurance dispute — at no cost.