The Supreme Court will hear a plea on Friday seeking directions to enrol more private hospitals for COVID-19 post infection treatment and to frame mechanism to avail private hospital facility, as per the choice and affordability of the patient.
A three-judge of Justice Ashok Bhushan, Justice M.R. Shah & Justice V. Ramasubramanian will hear the matter through video conferencing tomorrow at 10:30 Am in Virtual Court 5.
Petitioner seeks fixation of the indicative rates of treatment for COIVD-19 patients in Private Hospitals to avoid arbitrary rejection of insurance claims.
The petitioner also seeks directions for full settlement of claims by the insurer in a time bound manner and minimum to the tune of cost of treatment fixed by the Respondents within 24 hours of receipt of claim.
It was said that in the petition that the Respondent Central Government are unable to offer enough beds in – Private Hospitals, where treatment can be available for Post Covid-19 Infection, to the patients who can afford the same and in the process, many of the affluent are being kept in Government facilities, which are not upto the standards, which the affluent are used to and hence adding to their existing misery.
“Need for more empanelment of private hospital for treatment of COVID-19 infections particularly in view of overburdened public health care system of our nation”, said the Petitioner.
The petitioner further mentioned that by allowing the person who can afford to go the centers of their choice, it will reduce the burden on government Hospitals which could be put to better use for the needy people and in the face of a pandemic like Covid-19 it is incumbent upon the Respondent as its fundamental duty to frame sustainable and effective policies which must be in public domain for the benefit of its citizens.
He added that a person who is willing and has means to afford quality healthcare, could be devoid of the quality of life, consistent with his human personality by the Respondent would lead to psychological trauma and would act as a deterrent in his treatment.
The contentions raised in the petition are that; –
- Giving no choice and not making transparent the mechanism to avail the of place of treatment to a COVID-19 patient is violative of Article 14 and 21 of the Constitution.
- Immediate non settlement of full medical bills by the insurance companies in the name of a pandemic is manifestly arbitrary and is thus violative of Article 21 and 14 of the Constitution. The insurance companies cannot take shelter of the ongoing pandemic for not discharging their obligation particularly during this gloomy day. It is submitted that the insurers need to settle the full amount, without delay, for the rates fixed by the Government.
- The failure of respondents in giving a broad-based cost of treatment to Private Hospitals qua COVID-19 patients and consequent irrational charging by them impinges upon rights guaranteed to the patients under Article 21 of the constitution.
- COVID-19 patients cannot be devoid of a decent life in quarantine / post infection, facilities/hospitals as providing a life with dignity is a manifestation of Article 21 of the Constitution. Such facilities must be hygienic and should have – adequate space, safe and decent structure, cleaning surroundings, sufficient light, pure air and water, electricity and good sanitation.
- Non-disclosure policies/guidelines by Respondents for availing facilities in private hospitals for COVID-19 treatment is violative of Article 14 and 21 for being manifestly arbitrary. It is submitted that COVID-19 patients who can afford the cost of private healthcare, should have the option of paying for it.
Therefore, the petitioner seeks directions to frame and advertise the mechanism to avail – Private Hospitals facility, in case of Covid-19 Infection as per the choice and affordability of the patient.
-India Legal Bureau