Karnataka HC Directs State To Consider Ascertaining If Covid-19 Patients Admitted In Private Hospitals Under Govt Quota Have Insurance Cover
The Karnataka High Court has disposed of a petition against allotment of Government reserved beds at private hospitals to such Covid-19 patients who are already covered by medical insurance. It has directed the State Government to consider the submissions made by the Petitioner while chalking out a plan for combating potential third wave of Covid-19."In the PIL concerning Covid-19, the court...
The Karnataka High Court has disposed of a petition against allotment of Government reserved beds at private hospitals to such Covid-19 patients who are already covered by medical insurance. It has directed the State Government to consider the submissions made by the Petitioner while chalking out a plan for combating potential third wave of Covid-19.
"In the PIL concerning Covid-19, the court has directed the state to come out with a vision plan, indicating state of preparedness to face possible third wave. While preparing the vision plan, the state will take into consideration the submission made by the petitioner and consider issuing appropriate directions to the private hospitals," the Court ordered.
Petitioner Gowrishankar. S had referred to the government notification issued on June 23, 2020 by which 50 percent of beds in private hospitals that have the facility to treat covid-19 patients were to be reserved for patients referred by public health authorities. Further, it lays down package rates for treating covid-19 patients. The hospitals shall get empanelled through Suvarna Arogya Trust, which was appointed as the nodal agency for settlement of hospital claims.
The petitioner argued that Covid-19 patients who have health insurance cover or who are beneficiaries of an agreement entered into with their employers, cannot take advantage of the 50 percent beds reserved for patients referred by public health authorities. He prayed that at the time of admission of Covid-19 patients, it may be ascertained from him/her/they, whether his treatment will be covered by any insurance package or his agreement of employer with those hospitals. Such a patient could be admitted into the hospital quota of private hospitals, so that one more bed will be available in the government quota for the deserving patients.
Further, the petitioner appearing in person, submitted that, "In case of such patients when the cost of treatment is to come from insurance company, there will be unnecessary burden on the state exchequer, as state will have to settle bills of hospitals through Suvarna Arogya Trust."
While noting that the contention raised by the Petitioner has substance, the Bench observed,
"If there are strict directions issued regarding making declarations, advantage would have been taken by hospitals in delaying the admission of patients, that is the flip side of it."
In its order, the court noted that,
"Though we find substance in contention raised by the petitioner. It is difficult to expect that any inquiry will be made with the patient who is referred by public health authority for admission to 50 percent beds reserved for the government. At the time of admission emphasis will be on saving his life."
The court went on to observe that,
"However, some method can be devised by the state by which before a patient is discharged or immediately after he recovers an inquiry can be made regarding availability of health insurance and of availability of schemes provided by the employer of the patient."
Case Title: Gowrishankar. S v. State of Karnataka
Case No: WP 10018/2021