The Supreme Court on Tuesday refused to fix any ceiling on treatment costs in private hospitals for coronavirus patients, but asked the Centre to consider a suitable model for the country so that the rates don’t become too prohibitive.
“We are neither inclined nor are equipped” to fix the treatment prices at private hospitals, a bench headed by Chief Justice of India S.A. Bobde remarked, asking solicitor-general Tushar Mehta to take a call on the issue.
“We don’t want you to make Covid-19 treatment free but write to the states that access to health care should not be problematic. Please see and adopt a good state model and see if the state model can act as a guideline. Access to medical care is same as access to justice,” Justice Bobde said.
Mehta told the court that the Centre was equally concerned about keeping the treatment costs in private hospitals under check, but under the law states alone are equipped to fix the rates as health comes under their domain.
Mehta, however, assured that the Centre would convene a meeting chaired by the Union health secretary to examine the suggestions to put a certain cap on the treatment costs in private hospitals.
The bench also comprising Justices R. Subhash Reddy and A.S. Bopanna was dealing with two PILs filed by advocate Sachin Jain and an NGO represented by senior advocate Anand Grover.
Mehta assured that Jain and Grover would be both invited to the proposed meeting of the health secretary to examine their suggestions.
The petitioners had alleged that private hospitals were charging anywhere between Rs 25 lakh and Rs 50 lakh for Covid-19 treatment, despite the fact that many of them had constructed their buildings on lands purchased from the government at highly concessional rates.
Senior advocate Harish Salve, appearing for the private hospitals, however, denied the allegations.
The Centre had earlier filed an affidavit saying it had no statutory power under the Clinical Establishments Act, 2010, to direct private and charitable hospitals to give free treatment to Covid-19 patients.
The bench on Tuesday pointed out that the Union government said it cannot pass any directions but would ask states to take a decision.
“We cannot go into each issue…there are different terms under which land has been given to each hospital…” it said, leaving the Centre to take an appropriate call on the issue.
Salve told the court that there cannot be any general directions on the treatment costs for private hospitals in the country as each state has its own model. “It is different from state to state. We can’t have one rate for all states...” Salve said. He pointed out that in Maharashtra, 80 per cent beds are reserved for Covid-19 patients but the same model cannot be adopted in all states.
He said there cannot be a uniform pricing for all the states.
The senior counsel claimed the insurance companies were reluctant to bear the expenditure of the patients. “People are scared to go to hospital… The real mischief is (being carried out by) the insurance companies… why can’t the insurance companies pay? Salve asked.
Referring to some counsels suggesting that the Gujarat model be adopted, Justice Bobde orally suggested that the Centre can consider it, although, there are some differences of opinion about it as well. He said it was for the Centre to examine the best model and suggest to the states accordingly. The Gujarat government had earlier designated 31 private hospitals for Covid-19 treatment with subsidised treatment rates.
“There are several factors to it, we don’t know that how long the pandemic will go on. If it is for six months, then there can be a separate model we can go for…” Mehta said.
Salve intervened to remark, “You (Centre) can’t ask us how to take care of our business…”
The bench later in an order said that while it does not intend to fix any cap on the treatment costs yet “the cost of patients’ treatment should not be higher in the present times. No one should be turned away from the healthcare institutions, as the cost of treatment is too high…”