Shouldn't Post-Covid Treatment Be Part Of Covid Care? Kerala High Court Asks State

The Kerala High Court on Wednesday sought clarification from the State regarding why treatment for post-Covid complications was not considered a part of coronavirus care when the death of a person 30 days after turning Covid negative was treated as a COVID-19 death.

A Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath was hearing a review petition filed by the Kerala Private Hospitals Association challenging the charges fixed by the State for Covid-19 treatment in private hospitals.

The State had issued an Order dated 16th August fixing treatment charges for post-Covid complications for those above the poverty line. This caused ambiguity and confusion since a person who dies 30 days after turning Covid-9 was categorised as a Covid-19, implying that he died of post-Covid complications. 

"Government must clarify why the order dated August 16, 2021, was issued, particularly when deaths which occur 30 days after a person turns negative for COVID-19 is also accounted as a Covid death." 

The Court also suggested that going by parallel reasoning, the treatment which continues after a person turns negative must prima facie be also reckoned as Covid treatment.

Government Pleader S Kannan has been directed to seek instructions on the issue.

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 State further stated in its memo that to reduce the financial burden on the public due to the pandemic and to assist the financial constraints of the population, the rates for treatment of post-Covid syndrome, multi-system inflammatory syndrome and Covid-associated mucormycosis demand to be fixed.

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.

It also submitted that the cost of treatment for persons belonging to the APL category (above the poverty line) for any ailment always has to be borne by the patients. However, considering the high costs of treatment of post-Covid complications, it had set reasonable rates for such treatment.

The State further stated that poor and financially constrained people can avail free treatment for post-Covid complications at public hospitals.

The matter has been adjourned to next Wednesday for further consideration.

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