COVID-"Hospitals Taking Advantage Of Pandemic & Collecting Exorbitant Charges": Madras High Court Seeks Centre, State Govt's Response

A Division Bench of Justice M.S. Ramesh and Justice B. Pugalendhi observed,

"Exorbitant charges have been collected by some hospitals, even during this difficult time, which cannot be permitted. The hospitals are taking advantage of the Covid-19 Pandemic situation, it appears, making use of it to collect exorbitant charges."

The plea before the Court

The grievance of the petitioner was that though the Government had issued a Government Order fixing the maximum cost to be charged for the treatment of Covid-19 by the private clinical establishments, it was not being followed by the private hospitals and they are charging exorbitantly up to Rs.2,00,000/- for ten days.

It was submitted that the hospitals depending upon their Grade at the maximum can charge Rs.15,000/- per day, whereas, some hospitals are charging around Rs.1,00,000/- per day.

Further, it was stated that by way of an order, the Government had directed the private clinical establishments to allocate minimum 50% of the total bed capacity for treating the Covid-19 patients, since Covid-19 pandemic is declared an international health emergency.

However, it was submitted that private hospitals were not providing beds as directed in the Government Order and there was no proper mechanism available for implementation of the Government Orders.

In view of the submission made by the Counsel for the petitioner and the materials placed on record, the Court sought the following details from the respondents to proceed with the writ petition further:

• Whether the Government Orders were strictly complied with in its letter and spirit?
• How the Government is monitoring the implementation of the aforesaid Government Orders?
• Whether the maximum cost for Covid-19 treatment as directed by the Government in the aforesaid Government Orders is exhibited in a prominent manner in the private hospitals enabling the general public to know about the charges and the details of the authority to whom any complaint regarding the exorbitant charges and violations of the said Government Orders, can be lodged?
• What is the penal provision or penalty contemplated for violation of the aforesaid Government Orders and who is the authority monitoring the implementation of the aforesaid Government Orders?
• How many complaints have been received by the Government for violation of the said Government Orders and what is the action taken on the complaints, if any?
• Why not the Government maintain a separate portal giving the availability of the private hospitals and their bed capacity along with the fees structure in the portal, as maintained by Uttar Pradesh and Delhi, etc.,
• Whether under the Tamil Nadu Employees Health Insurance Scheme, the Government servants are entitled to take treatment for Covid-19 in private hospitals?

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