"COVID Patients In Critical Condition": Madras High Court Directs Puducherry Govt To Release Payments Due To Private Medical Colleges On Priority

The Madras High Court has directed the Puducherry government to release payments due to the private medical colleges on a priority basis so that the treatment rendered to Covid patients is not compromised by the private organizations for lack of funds.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition stating that private hospitals and medical colleges which have been earmarked as Covid treatment centres by the Government of Puducherry have been demanding fees and charges from patients despite not being so entitled.\

Appearing before the Court Sri Venkateshwara Medical College Hospital and Research Center indicated that in certain cases, the patients or the patient parties insisted on additional tests being conducted that had not been recommended by doctors and it is only in such cases that the additional charges for the tests were demanded from the patients.

It was also submitted on behalf of the private medical colleges and institutions that have been earmarked for exclusive Covid treatment that no money has been forthcoming from the local government even to provide for the daily diet of the many patients who have taken admission and most of whom who have been discharged.

The Government of Puducherry submitted that Rs.20 lakh had been released to each of the private medical colleges towards food charges of the Covid patients referred by the government.

Court's order

At the outset, the Court noted that in many cases that were referred to the private medical institutions by the government because of lack of space and accommodation at government facilities.

Importantly, the Court said:

"It is inconceivable that a sum of Rs.20 lakh has been paid to each of the private hospitals without reference to the bed strength at each of the private hospitals or the number of patients dealt with by each of the private hospitals."

The Union Territory also submitted that bills have to be submitted, vetted and approved for payments to be released and there is a necessary time lag in the process.

to this, the Court said:

"Whatever the level of scrutiny that is to be undertaken, it is inconceivable that what is essentially government duty would have been performed by private players without the government even picking up the tab on a day-after or reasonable period-after basis. Covid patients still remain, some in critical condition, in private hospitals and the like."

Lastly, the Court said that it was imperative that the government takes up the matter relating to the payments due to the private medical colleges on a priority basis so that the treatment rendered to Covid patients is not compromised by the private organisations for lack of funds

Lastly, directing that the matter would appear a week hence, the Court expressed its hope that substantial payments would be released to the private hospitals to enable the continued treatment of Covid patients thereat.

"The private hospitals are also requested to not let up in the quality of treatment which is rendered merely because money has not been forthcoming. The health of the patients is of paramount importance," added the Court.

The Court also directed that allegations of undue charges being levelled by private hospitals in Puducherry should also be looked into by the official respondents.

Case title - A. Anand v. Government of Puducherry

Click Here To Download Order

Read Order