The Delhi government today turned down a proposal of private hospitals to provide free treatment to poor patients only up to billing amount of Rs 50,000 and sought a direction from the Supreme Court to prohibit them from putting any such cap.
It said the proposal for putting a ceiling "is not practicable" and totally "unacceptable".
In an affidavit filed before the apex court, the government informed the court that out of 37 hospitals, which were given land at subsidised rate, 27 are giving free treatment to the economically weaker section (EWS) of society but some have proposed a ceiling of the Rs 50,000 per patient.
"A perusal of their (hospital's) proposals reveals that they have agreed to provide free treatment to EWS patients free of cost subject to billing amount limit of Rs 50,000 per patient. This is totally against the letter and spirit of providing free treatment to poor patients.
"If the above proposal is to be accepted then many poor patients would be denied complete and full treatment for their illness and this would defeat the very aim and objective of providing free treatment to poor patients. A cap or ceiling of the Rs 50,000 per patient is not practicable. This is totally unacceptable to the government," the 11-page affidavit said.
It said that four hospitals -- Fortis Escort Heart Institute; Max Super Specialty, Saket; Max Super Specialty, IP Extension; and Bhagwati Hospital -- did not submit their representation in a meeting which was organised on the direction of the apex court to chart out a scheme for the implementation of the scheme for free treatment.
"It appears that they have fallen in line with the directions of the high court and also the policy of the government to serve the interest of EWS category of the society," the government said.
The affidavit was filed in compliance with the apex court order which had on August 25 had directed the government to file a detailed report after consultation with the hospitals.
It had asked the hospitals to sit with government authorities to sort out the issue and work out a scheme to treat the poor patients — 25 per cent outdoor and 10 per cent indoor — free of cost.
The government also informed the court that a five-member monitoring committee under the Director of Health Services has been formed for the implementation of the scheme.
The Delhi High Court had in 2007 ruled that all private hospitals that were granted public land at cheaper rates would provide free treatment to poor patients at the rate of 10 per cent in the indoor patient department (IPD) and 25 per cent in the outdoor patient department (OPD) of their total respective treatment capacities.
"They (poor patients) will be provided free admission, bed, medication, treatment, surgery facility, nursing facility and consumables and non-consumables. The hospitals charging any money from such patients shall be liable to be proceeded against in accordance with the law. Besides that, this would be treated as violation of the orders of the court," the high court had said.
The court had pronounced the judgment on a PIL seeking implementation of the land deed agreement entered into with these hospitals providing for, among other things, free treatment to certain percentage of poor patients out of their total treatment capacities.
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