Bombay High Court Asks Maharashtra Government To Give Wide Publicity To Free-Treatment Policy For Mucormycosis (Black Fungus)

On Monday, the Amicus Curiae informed the division bench comprising Justices Ravindra Ghuge and BU Debadwar about the State's decision to include Mucormycosis in the list of ailments in the Mahatma Jyotirao Phule Jan Arogya Scheme (MJPJAY), applicable in select hospitals.

The State's counsel also informed the court about the decision to cap treatment charges for Mucormycosis to prevent non-governmental hospitals from raising astronomical bills.

The bench then sought wide publicity for their decision.

"It is apparent that the State of Maharashtra has come out with a specific policy of treatment of Mucormycosis patients, free of costs…We, therefore, expect the State Government to accord wide publicity to this decision so that the poorest of the poor, the illiterate, semi-literate and persons living in remote and tribal areas would become aware of these facilities," the bench observed.

The bench added that the list of hospitals empanelled under the scheme should also be given publicity to ensure patients don't land up in the wrong hospital. Moreover, hospitals must prominently display information regarding the availability of beds in the hospital and on their portals.

The bench adjourned its suo motu PIL for Tuesday after the Chief Public Prosecutor said he would furnish information on the availability of various medicines/injections necessary for treating Mucormycosis patients, is concerned.

Mucormycosis Skyrocketing Treatment Cost

On Friday, Advocate RK Ingole informed the court that the treatment for Mucormycosis is expensive and lengthy. He pointed out cases where a patient may require one-three injections of anti-fungal 'Amphotericin B' , per day, for a treatment period of four to six weeks.

He also said that the treatment cost might skyrocket to Rs 8-10 lakhs, despite MJPJAY covering only Rs. 1,50,000 for treatment of patients below the poverty line.

The court noted that urgent steps would be required after the State said it has 950 active Mucormycosis patients as of May 18, 2021, and the quantity of 'Amphotericin B' injections available with the State, upon being distributed by the Government of India, is 16,500 vials.

"It is, thus, obvious that each patient would be supplied with only 17 injections, when the requirement is much higher," the bench observed and directed the State to file a response.

Private Hospitals Can't Raise Astronomical Bills

On Monday, following submissions by the State and Amicus Curiae, the bench noted that it is clear the Mucormycosis ailment is now covered under the MJPJAY along with Pradhan Mantri Jan Arogya Scheme (PMJAY) to the eligible beneficiaries.

About 130 hospitals in Maharashtra are identified as facilities for treating antifungal ailments and these medicines for treating would be available through the District Civil Surgeon. Moreover, 1000 more hospitals are to be empanelled, and, 19 medical and surgical packages have been identified for treatment of Mucormycosis, under MJPJAY, the bench noted.

The court further recorded that the anti-fungal medicines required for black fungus treatment will be provided free of cost to patients admitted in hospitals. And, the District Civil Surgeon and State Health Assurance society shall reimburse the cost through MJPJAY.

The daily use/ consumption of the medicines by the hospitals would be monitored through the MJPJAY web portal.

The bench said that regardless of whether any person in the State of Maharashtra is a card holder, all would be eligible for the treatment under the MJPJAY in selected hospitals. The matter will now be taken up on Tuesday.

[The Registrar (Judicial) vs The Union of India & Ors.]