LAWS(MPH)-2021-4-31

IN REFERENCE (SUO MOTU) Vs. UNION OF INDIA

Decided On April 19, 2021
In Reference (Suo Motu) Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present suo motu Writ Petition No.8914/2020 was registered on the basis of a letter (dated 08.06.2020) sent by Dr. Ashwani Kumar, Senior Advocate, Supreme Court of India, New Delhi to the Chief Justice of India, which was forwarded to the Registrar General of this Court by the Secretary General of Supreme Court of India (vide his letter dated 11.06.2020) under His Lordship's direction. The said letter dated 08.06.2020 had highlighted a tragic and condemnable sight of an elderly Covid-19 patient, who, as per the story carried out by a media portal with a photograph, was chained to bed in a private hospital at Bhopal, the capital city of the State of Madhya Pradesh, allegedly on his failure to make payment of fees for his treatment. One wonders if the situation has changed much since then when the entire country is struggling to survive the second wave of Covid-19.

(2.) When the matter was listed before the Court on 10.12.2020, the State Government filed its response to I.A. No.6360/2020 thereby placing on record copy of the order dated 04.09.2020 issued by the Commissioner, Health Services, Department of Public Health and Family Welfare, Madhya Pradesh issued under the approval of the Additional Chief Secretary of the State Department, directing that under no circumstances the Private Hospitals/Nursing Homes/Clinical Establishments' charges shall exceed by 40% of the rates communicated on or before 29.02.2020 including all expenses such as PPE kits etc. The aforesaid order was addressed to all the Chief Medical & Health Officers of the State, President of the Indian Medical Association, President of the Nursing Home Association and the Additional Director, IDSP (MP). It was assured that the said order shall be prominently published in daily newspapers having wide circulation in the respective Districts of the State after interval of every 15 days. It was also informed on behalf of the State that approximately 1.5 Crore e-cards covering 56% of the beneficiaries families under Pradhan Mantri Jan Arogya Yojana (which is hereinafter referred to as "Ayushman Bharat Yojana", as is commonly known) have been issued; total number of 652 health care providers have been empanelled in the State; the State Government is providing free cashless health facility to all Covid-19 patients at dedicated Covid-19 hospitals and designated Government facilities.

(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 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.