Kerala High Court Suspends Government Order Which Permitted Private Hospitals To Fix Room Rent For Covid Patients

The review petition filed by Kerala Private Hospitals Association sought a review of the High Court's direction to the State to fix Covid-19 treatment charges in a petition complaining of private hospitals overcharging patients.

The State Government had issued an order dated 16^th June 2021 allowing private hospitals to decide the rates 'for other categories of beds like private rooms and suites' amidst the pandemic. This empowered the private hospitals to fix their own room rents for Covid patients although with a condition that the rates be displayed prominently.

It was alleged that this order took away the primary objective of the previous order dated 10^th May 2021 whereby the rates fixed for the beds included all corollary charges like nursing, boarding, and doctor's fee. This move sanctioned the private hospitals to go back to their earlier system of charges, the petition read.

Adv. K Anand, while appearing for the petitioner, submitted that if a COVID-19 patient had pre-existing co-morbidities during hospitalization, treatment for the same should also be excluded. The recent order purportedly did not provide any clarity regarding the same.

Justice Devan Ramachandran and Dr. Kauser Edappagath while hearing the petition found that a mere display of the price would be of no avail to an ordinary person who approaches for COVID-19 treatment, since, at that time he would really have no choice, his life being in peril.

"...what has been now done by the Government through this order is to allow theprivate hospitals to fix any rate for the rooms and suites and thistakes away much of the laudatory objective of its first order dated10.05.2021 because, as is clear therefrom, the rates fixed for thebeds includes all corollary charges like nursing, boarding,doctor's fee, etc. Now, by allowing the private hospitals to fix any rate for their rooms and suites, they have become empowered to go back to the earlier situation in charges, albeit, with a condition that such rates be displayed prominently. We are of the view thatsuch a display would be of no avail to an ordinary person whoapproaches for COVID-19 treatment, since, at that time, he would really have no choice, his life being in peril", the bench observed.

While posting the next hearing on 30^th June 2021, the Court held thus,

"Our minds certainly travel to more aspects to say, but we choose to refrain from doing so because an opportunity must be given to the State to consider the issues in its right perspective. However, in the meanwhile, we cannot allow the Government Order dated 16.06.2021 to operate for the reasons stated above and therefore, deem it appropriate to suspend it till the next hearing date."

Accordingly, the operation of the government order has been suspended till the next hearing.

Title: Kerala Private Hospitals Association v. Adv. Sabu P Joseph