Indian Kanoon - Search engine for Indian Law

This Court has passed number of orders to ensure that the Covid-19 patients in the State are provided timely treatment inasmuch as they are not subjected to harassment and exploitation. When the matter was listed on 07.09.2020, this Court directed the State WP No.8914/2020 & Linked Matters Government to issue necessary directions to every hospital including the private hospitals to display the rates for treatment of Covid-19 patients at their reception counters and also publish the same for information of people by publication thereof in the newspapers so that any incident of overcharging could be brought to the notice of the District Administration and necessary action be taken. On 09.10.2020 when the matter was next listed, the Coronavirus was at its peak during the first wave, this Court was informed that 262 hospitals in the State of Madhya Pradesh have been declared as Covid Care Centre (CCC), 62 hospitals have been declared as Dedicated Covid Health Centre (DCHC) and 16 hospitals have been declared as Dedicated Covid Hospital (DCH), i.e. in all 347 hospitals, which are providing free treatment and testing to the Covid suspects and patients. This Court was also informed that there is no shortage of life saving medicines for Covid-19 treatment; scrupulous measures are being taken to ensure that no private hospitals/clinics charge exorbitant fee for such treatment and that rates are being duly exhibited on the hospital counters across the entire State of Madhya Pradesh. The State Government was directed to ensure strict compliance of the norms laid down by the Central Government in their Notification dated 07.04.2020 with regard to infrastructure and other requirements for CCCs, DCHCs and DCHs. The Commissioner, Health Services was directed to set up a District Level Cell to receive and attend the complaints, which should be made functional 24x7. Efforts should be made by all the stakeholders to educate one and all to scrupulously WP No.8914/2020 & Linked Matters follow the norms of social distancing, use of face masks and washing hands etc.

3. Thereafter, the matter was listed before the Court on 07.04.2021 on two Interlocutory Applications filed by the learned Amicus Curiae. The first application (IA No.3929/2021) was filed by him on the premise that he has learnt from reliable sources that the District Administration, Jabalpur has orally directed all the private Labs and Hospitals to stop conducting Covid-19 tests from 25.03.2021. The Chief Medical & Health Officer, Jabalpur (CMHO) who was present before the Court along with the Regional Director, Health Services, denied having issued any oral directions and submitted that orders have been issued to regulate the rates of the tests to be charged by the private Labs/Hospitals. IA No.4125/2021 was also filed by learned Amicus Curiae that in view of the second wave of Covid-19, all the District Administrations of the State should be directed to ensure strict compliance with the directions of the State Government dated 25.03.2021 and that all hospitals empanelled under Ayushman Bharat Niramayam Yojana should be directed not to deny treatment to Covid- 19 suspected/confirmed patients falling under that scheme and should be further required to reserve minimum 20% beds for Covid-19 patients. In response, it was informed on behalf of the State that the Commissioner, Health-cum-Officiating Secretary, Directorate of Health Services, Government of Madhya Pradesh had issued an order on 05.04.2021 thereby prescribing a sum of Rs.700/- as the rate for WP No.8914/2020 & Linked Matters RT-PCR Covid-19 Test and a sum of Rs.300/- for Rapid Antigen Covid-19 Test, with an additional sum of Rs.200/- if the sample is required to be collected from the home of the patient, by all ICMR & NABL approved Private Labs and NABH recognised Private Hospitals. Another order dated 05.04.2021 was placed on record whereby the Secretary, Department of Public Health and Family Welfare, Government of Madhya Pradesh, Bhopal taking note of large number of grievances raised by public complaining about exorbitant charges, directed all Private Hospitals/Nursing Homes/Diagnostic Centres to charge a maximum sum of Rs.3,000/- for Chest CT/HRCT Scan from Covid-19 suspects/patients. The aforesaid order was to remain in operation till 30.04.2021.

3.4 The Government has mandated the display of rate list of treatment, including treatment for COVID-19, at registration counter by Nursing Homes and Clinical Establishments in the state. Additionally, all private clinical establishments treating COVID patients are required to make available their package rates for treatment for upload at the state COVID portal - www.sarthak.nhmmp.gov.in. The information pertaining to the contact numbers and package rates of COVID treatment are available in public domain on the state COVID portal.

8. Ayushman Bharat "Niramayam"

Ayushman Bharat Niramayam empanelled healthcare providers under the General Medicine (M2) specialty and having bed capacity of 50 or more have been directed that COVID 19 suspected and confirmed patients falling under Ayushman Bharat Niramayam beneficiary category shall not be denied COVID -19 treatment at healthcare provider's WP No.8914/2020 & Linked Matters facility at prescribed rates. A minimum of 20% beds are to be reserved at all times for COVID-19 patients. The denial/diverting of COVID 19 patients is being treated as a violation inter alia Memorandum of Understanding, the Disaster Management Act, 2005, the Madhya Pradesh Public Health Act, 1949, the Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapnaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, the Madhya Pradesh Atyavashyak Seva Sandharan Tatha Vichchinnata Nivaran Adhiniyam, 1979, the Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapnaye (Registrikaran Tatha Anugyapan) Rules, 1997 and the Madhya Pradesh Epidemic Diseases, COVID-19.