Plea In SC Seeks Mechanism To Avail Private Facility for Covid-19 Quarantine As Per The Choice And Affordability of Patient

The Supreme Court has been moved in a PIL seeking directions to the Centre for deploying additional relief measures- to immediately enroll more Private Hospitals for Post Infection Treatment and private entities for quarantine facilities, and to frame and advertise the mechanism to avail these facilities as per the choice and affordability of the patient- to address the concerns which have arisen due to the prevailing pandemic of Corona.

Petitioner Avishek Goenka, a self-proclaimed public spirited person, has insisted that the petition, though admittedly based on the information culled out from newspaper article/reports and social media which he has not personally verified but bonafidely believes, raises some extremely important concerns related to treatment of COVID-19 patients both at the stage of quarantine and post infections in public interest.

The PIL, drawn and filed by Dharmaprabhas Law Associates, contends the infringement of the rights of the citizens guaranteed under articles 14 and 21 of the Constitution of India, on the following grounds:

i The Respondents- Union Health and Home Ministries- 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 up to the standards, which the affluent are used to and hence adding to their existing misery.

ii Need for more empanelment of private hospital for treatment of COVID-19 infections particularly in view of over burdened public health care system of our nation.

iii 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.

iv Absence of transparent mechanism for availing –private – quarantine and post infection facilities. As a result many of the affluent who can afford the same are being denied such facilities arbitrarily. Thus, it is stated that a person who is

willing and has means to afford quality healthcare could not be forced to go to a Government owned or aided - quarantine center or Hospital, against his choice denying him quality of life by the Respondent.

v Absence of indicative cost of treatment by Private Hospital to avoid arbitrary rejection of claims by the insurance companies. It is urged that uniform pricing be evolved for for similar categories of treatment, in similar rooms, in similar category of Private Hospitals.

vi The Respondents need to fix the rates of treatment by Private Hospitals, given the fact that – as per the insurers, the Private Hospitals are charging as per their whims and fancies.

The petition seeks to raise the following points of law-

a) Whether a person who is willing and has means to afford quality healthcare could be forced to go to a Government owned or aided - quarantine center or Hospital, against his choice denying him quality of life by the Respondent in the name of a pandemic particularly, when the same is without any reason?

b) Whether the Respondents in not being able 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, subjecting the affluent to sub-standard facilities, which the affluent are not used to and hence adding to their existing misery and is thus violative of Article 21 and 14 of the Constitution ?

c) Whether 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?

d) Whether the failure of respondents in giving a broad based cost of treatment to Private Hospitals qua COVID-19 patients and consequent irrational charging by the later impinges upon Article 21 of such patients?

e) Whether the Central Government can issue mandatory directions to State Government, during the prevalence of the a Pandemic (COVID-19) with regard to maintenance of minimum standard of facilities being provided to infected patients and on other treatment related issues as per the standards of World Health Organisation?

The PIL is expected to be heard on Monday.