Andhra Pradesh High Court Seeks Centre's Response On Procurement & Allocation Of Medicines For Treatment Of Black Fungus

A Division Bench of Justices D. Ramesh and K. Suresh Reddy also asked the State to check whether adequate transport (ambulances) is available for shifting patients from Covid centres to hospitals, in case of emergency.

The Court was hearing a case on issues pertaining to Covid-19.

Government pleader Sumon Chintala informed the Bench that there is no allotment process from the Centre's end and the State has already placed orders for 50,000 Amphoterecin injections, that are used for treatment of the fungal infection, and is receiving the same in batches.

The Bench asked Sumon to make sure that the vials are substantial in number to treat the present patients. It also directed ASG N. Harinath to seek instructions in this regard and apprise the Court as to the procurement and allotment process.

Excessive Fees Charged By Private Hospitals

On the issue of exorbitant fees being charged by private hospitals, the Court asked the State to consider mandating consent of Nodal Officers on the final bill.

On the previous date, the Court suggested that payment of private hospital bills of Covid-19 patients should be done through a Nodal Officer, in order to avoid exorbitant charges being levied by them.

Excessive Fees Charged By Private Hospitals From COVID19 Patients: Andhra Pradesh High Court Orders Payment Be Made Through Nodal Officers To Keep A Check

Today, the State counsel expressed reservations as to the workability of this suggestion and submitted that instead, the State has decided to post Nodal Officers at billing desks/ receptions of private hospitals and in case any patient/ attendant has a complaint regarding excessive fees or for that matter admission to the hospital, they may approach the Nodal officer right away.

He stated that Flying squads have been appointed to respond to such complaints and so far, action has been taken against 30 hospitals.

Advocate Narra Srinivasa Rao suggested that a copy of every patient's day to day billings should be sent to District Medical Health Officer (DMHO). However, the Govt pleader submitted that this will only add to their "administrative difficulties".

At this juncture, the Court suggested that a counter signature/ consent of the Nodal officer at the final billing stage my be mandated to make sure that a proper oversight is maintained.

The State counsel has assured the Court that he will seek instructions in this regard.

Covid information Dashboard split down to village level: State

The State Government informed the Court that its Covid information Dashboard has been updated with the contact numbers of all the Nodal Officers who may guide the citizens as to availability of hospital beds, etc.

These numbers are accompanied by links where the citizens may file complaints in case the numbers not working or the Nodal Officer does not respond to their SOS calls.

Some Advocates insisted that these numbers should be published in local newspapers for better reach as many persons/ families are not technologically blessed.

However, the State counsel informed the Bench that in keeping in mind the village population, Digital Assistance Centres have been established under the aegis of village secretaries.

Any person may approach these village secretaries, and they will be provided with all the requisite information that is available on the Dashboard.

The Court also opined that it may not be fruitful to publish this information in newspapers on a particular day as no one will note it down. It added that in case the village secretaries do not perform their function, the Petitioners may approach the Court.

Covid-appropriate behaviour

Advocate Suresh Kumar Potturi alleged that Covid appropriate behaviour is not being implemented in the State, even during lockdown. He stated that the State is itself forcing people to gather by conducting Public hearings for environment clearance process.

Denying the allegation, Govt pleader Sumon submitted that only those public hearings are taking place, where it is expected that not more than 20 people shall turn up. In any case, if more than 20 people show up, they are made to wait outside.

At this juncture, the Court inquired as to what is the urgency of conducting these hearings amid a Pandemic.

To this, Sumon responded, that the environmental clearance process prescribes a 45 days window for the State Pollution Control Board to conclude the public consultation process and forward the suggestions/ objections to the Centre.

Suresh then highlighted that even after 30 days of lockdown, there has not been any significant decline in positivity rate. This, he said, is because the Government is promoting home isolation instead of Government isolation and consequently, entire families are getting infected.

Govt pleader Sumon informed the Court that the State does not have authority to take these decisions on its own and it is following the ICMR guideline as to who has to be admitted where, based on the symptoms. "We cannot force the people to isolate themselves in Government facilities of they are not willing to leave their homes," he added.

The Court has now asked ASG Harinath to seek instructions in the matter from the Central Government.

Vaccine procurement

On the issue of vaccine procurement, Advocate GR Sudhakar contended that it is the bounding duty of Central Government to buy and allocate vaccines to the States. He submitted that the present system of differential pricing for Centre and States casts a burden on state exchequer, and this practice of giving discretion to the seller to discriminate in pricing is violative of Article 14 and 15 of the Constitution.

He also told the Bench that on one hand States are compelled to buy vaccine at a higher price and on the other hand, Centre continues to dictate how many doses states can procure from manufacturers.

Centre has capped each state's direct procurement limit based on its population. The ASG stated that this was done to make sure that there is no discrimination based on bargaining power of any state.

The Court has asked him to seek instructions in this matter.

To be updated with order