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4. This Court in the aforesaid order dated 07.04.2021 took note of submissions made by Mr. Shivendra Pandey, learned counsel appearing on behalf of Indian Medical Association (respondent No.5 in WP No.8914/2020) and Mr. Shreyas Pandit, learned counsel appearing for M.P. Nursing Home Association (respondent No.8 in WP No.8914/2020) that in their joint meeting held on 06.04.2021, they have decided to comply the aforementioned orders of the Government with regard to charges for RT-PCR Test, Rapid Antigen Test and Chest CT/HRCT Scan from Covid-19 suspects/patients. However, they informed the Court that there are in the State, approximately 3000 Private Hospitals, which are registered with Indian Medical Association and approximately 3000 Private Nursing WP No.8914/2020 & Linked Matters Homes having membership with the M.P. Nursing Home Association but only a negligent number of 320 Private Hospitals and Nursing Homes are presently empanelled under Ayushman Bharat Yojana, of which only 81 are approved for treatment of Covid-19. This Court therefore while appreciating the stand taken by both Indian Medical Association and M.P. Nursing Home Association, also observed that their members in the time of current crisis faced by the country following the second wave of Covid-19 should desist from exploiting the situation by overcharging the affected persons. The Court also directed the State Government to give wide publicity to above orders issued by it, in all print and electronic media and by any other means. The State Government was also directed to increase the empanelment of Private Hospitals and Private Nursing Homes in the State in Ayushman Bharat Yojana, which fulfill the relevant criteria prescribed by the Central Government, for treatment of Covid-19 suspects/patients under the scheme.

8. Mr. Naman Nagrath, learned Senior Counsel appearing as Amicus Curiae has submitted that already this Court on 07.09.2020 directed the State Government to issue directions to every private Hospitals and Nursing Homes to display the rates for treatment of Covid-19 suspects/patients at their reception counters and give due publicity to the same. In fact, in the order dated 10.12.2020 it was clearly noted that the Commissioner, Health Services, Department of Public Health and Family Welfare has issued an order on 04.09.2020 that under no circumstances the charges of private Hospitals/Nursing Homes/Clinical establishments shall exceed by 40% of the rates communicated by them on or before 29.02.2020 including all expenses such as PPE Kits etc. The direction was also issued that this information should also be brought in the public domain by getting it repeatedly published in the daily newspapers having circulation in the respective districts after interval of every 15 days. Similar direction was issued by this Court on 07.04.2021. The State Government should therefore be required to mandate all the private Hospitals/Nursing Homes/Clinics and Labs to charge only the notified rates, not only for RT-PCR, Rapid Antigen Tests, Chest CT/HRCT Scan but also all other hospital charges in that regard. All these directions earlier issued WP No.8914/2020 & Linked Matters by this Court in the suo motu writ petition have regained significance in view of the current second wave of Covid-19 and therefore, the State Government should ensure strict compliance of all such directions including about the treatment of poor patients under Ayushman Bharat Yojana reserving 20% beds for Ayushman Bharat Yojana beneficiaries and increase the empanelment of more private hospitals under the said scheme. The State Government should ensure regular and continuous supply of Oxygen not only to the Government Hospitals but also to private hospitals, which are generally denying treatment to Covid-19 patients due to non-availability of Oxygen. Since the State is wholly dependent on supply of Liquid Oxygen from other States for its refueling plants employed for supply of Oxygen cylinders to the hospitals, it should initiate the process of setting up Liquid Oxygen Plant in the State of Madhya Pradesh. In the meantime, the State should maximise its efforts to procure Liquid Oxygen or filled Oxygen cylinders from other States by all means. The State Government must come forward to assist private hospitals in setting up their Oxygen-Concentration Units by providing them soft loan by involving leading Banks and Financial Institutions so that they become self-reliant.

3. Price Control and Regulating package rates for COVID treatment 3.1 All nursing homes and clinical establishments have been directed that treatment charges of COVID 19 patients availing treatments at their facilities, shall be as per the rate list (Schedule II and III of the Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapnaye (Registrikaran Tatha Anugyapan) Rules, 1997) communicated to the Chief Medical and Health Officer of the respective district in or on before 29th of February 2020. Under no circumstances the nursing home or clinical establishment's charges exceed by 40% of the rates communicated in or before 29th of February, 2020 including all expenses such as PPE Kits etc. 3.2 The testing charges for COVID-19 or pneumonia suspects/patients at all private hospital/nursing WP No.8914/2020 & Linked Matters homes/diagnostic centers shall be limited to a maximum of Rs 3,000/- for Chest CT/HRCT scan.

3.3 The testing charges for COVID-19 or pneumonia suspects/patients testing at all private hospital/nursing homes/diagnostic centers shall be limited to a maximum as detailed below:- 

   S.No.                    Test                    Maximum Rate
                                                        (INR)
   1         ABG                                             600/-
   2         D-Dimer                                         500/-
   3         Procalcitonin                                  1000/-
   4         CRP                                             200/-
   5         Serum Ferritin                                  180/-
   6         IL 6                                           1000/-