'Not Everyone Above Poverty Line Is A Millionaire' : Kerala High Court Suggests Govt To Provide Free Post-Covid Treatment

The Kerala High Court on Wednesday expressed dissatisfaction with the government's move to charge for post-Covid treatment. Considering that patients experienced graver health problems after testing negative, rather than while being Covid positive, the Court ruled that one month of follow-up treatment should be ideally provided free of charge.

A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath was considering a couple of review petitions moved by Kerala Private Hospital Association challenging the unified rates fixed by the State for Covid-19 treatment in private hospitals and charging people belonging to the APL category for post-Covid treatment. 

"Not everyone above the poverty line is a millionaire," the Court remarked. 

The State argued that post-Covid treatment charges were quite nominal even for those above the poverty line. However, the Court opined that at least one month of follow-up treatment after testing negative for Covid-19 should be provided free of cost to patients.

"What will happen to a person earning a monthly salary of Rs 27,000 if he was charged a daily rent of Rs 700 for post-Covid treatment? How will he manage the other expenses? How will even have food?"

The Court also recalled that the death of a person 30 days after turning Covid-19 was categorised as a Covid-19 death.  Under such circumstances, teh Bench found it irrational to charge a particular category of citizens for post-Covid treatment for that duration.

This confusion arose after the Court perused a memo filed by the State stating therein that COVID-19 infection and post-Covid complications are different, from a disease management point of view.

The rate fixation of these treatments would also ensure that private hospitals in the state do not charge exorbitant rates to such patients, the State suggested.

Case Title: Kerala Private Hospitals Association v. Advocate Sabu P Joseph