SC Asks Centre to Consider Passing Directions for Regulation of COVID-19 Treatment in Private Hospitals

Moneylife Digital Team 14 July 2020

Economy & Nation

While maintaining that access to medical care is same as access to justice, the Supreme Court on Tuesday directed union government to consider representations and pass orders to state governments for regulation of treatment in private hospitals for coronavirus (COVID-19).

A bench headed by chief justice Sharad Bobde told solicitor general Tushar Mehta that, "We do not want you to make COVID-19 treatment free but write to states that access to healthcare should not be problematic. Please see and adopt a good state model and see if a state model can act as a guideline."

The Centre has already filed an affidavit saying it had no statutory power under Clinical Establishments Act 2010 to direct private and charitable hospitals to give free treatment to COVID-19 patients.

In a petition titled Sachin Jain vs. Union of India (WP (C) Diary Number 10918 of 2020), the apex court directed the union government to consider representations of the petitioner and intervening parties and pass directions to the state governments regarding regulation of treatment of COVID-19 in private hospitals.

Senior counsel Harish Salve, appearing on behalf of associations of private hospitals, NATHEALTH and AHPI, argued before the Court that a uniform price cap on treatment rates across all state borders would not be practical.

However, senior advocates Anand Grover and Mihir Desai, argued that guidelines were required to address various practices responsible for exorbitant billing by private hospitals (such as overcharging of PPE) and loopholes in existing measures implemented by various state governments, as well as to encourage adoption of models of states where free treatment is being provided. "The civil society intervenors had filed vast material before the Court to show ineffectiveness of measures taken till now and the need for union government to take measures in this regard under the National Disaster Management Act, 2005," they contended.

Appearing on behalf of the civil society organisations All India Drug Action Network (AIDAN) and Jan Swasthya Abhiyan- Mumbai (JSA-Mumbai), the senior counsels were assisted by Advocates Nupur Kumar and Irshaan Kakar.

The Supreme Court bench headed by the chief justice observed that though a particular ceiling on cost of treatment might not be practicable for all states, the cost of medical treatment should not act as a deterrent to deter against access to medical care particularly in the present time. The Court has held that no one should be turned away from the doors of healthcare institutions because the cost of treatment is too high.

It says, "We agree that the cost of medical treatment should not act as a deterrent to access to medical care and that no one should be turned away from doors of health care institutions as costs are too high...It was essential to issue necessary guidelines to ensure COVID-19 treatment in private hospitals remains affordable and accessible to all."

The Supreme Court then directed the union government to ensure a senior officer of meets with the parties to the petition on 16 July 2020 and take an appropriate decision within one week. The decision will be placed before the Supreme Court for approval of the directions or guidelines to be issued by the union government to the various states under the Disaster Management Act.

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