Supreme Court Issues Contempt Notice To 51 Delhi Hospitals Over Not Meeting Requirement Of Free Treatment To Weaker Sections

The Supreme Court recently issued contempt notice to 51 hospitals in Delhi over non-compliance with the condition to provide minimum 10 percent IPD (Inpatient Department) and 25 percent OPD (Outpatient Department) for the weaker sections, free of cost.

The Court called on the hospitals to show cause as to why contempt proceedings be not initiated against them and concessions granted by the Delhi government (towards land allotment) withdrawn. The hospitals which have been issued notices include - Sir Ganga Ram Hospital, BLK Max Hospital, Fortis Escort Hospital, Moolchand Khairatiram Hospital, Centre for Sight and Rajeev Gandhi Cancer Institute and Research Centre, Rohini.

A bench of Justices Prashant Kumar Mishra and NV Anjaria passed the order in a miscellaneous application filed by the Union of India against Moolchand Khairati Ram Trust, Rajiv Gandhi Cancer Institute and the DDA.

In the underlying civil appeal, the Court, in 2018, directed the hospitals to comply with the Union government's order of 02.02.2012, which framed a policy for free patient treatment for indigent persons in Delhi to be followed by private hospitals allotted land by the Land Development Office on concessional rates. This provided for free treatment to 25% OPD and 10% IPD patients.

From a compliance affidavit filed by the GNCTD, the Court recently observed that some hospitals were found to have violated the Court order of 2018, yet no action was taken by the authorities in Delhi. Further, communications by the government to DDA, Land and Development Office and MCD were either not responded to or not acted upon and the entire proceedings were taken "very casually".

In this backdrop, the Court appointed the Secretary, Department of Health, GNCTD as a Nodal Officer to take action against the erring hospitals. All the authorities, that is DDA, LDO and MCD, were directed to respond to the Nodal Officer. "If any lapses are found on the part of the above offices, it will be the Nodal Officer who shall be responsible to inform this Court and take action", the Court said.

The hospitals are :

1. Arya Vaidyashala Kottakkal
2. Kailash Deepak Hospital
3. FLT. LT. Rajan Fortis Hospital
4. Delhi ENT Hospital
5. MGS Super Specialty Hospital
6. Mai Kamali Wali Hospital
7. Max Super Specialty Hospital (Press Enclave)
8. Mool Chand Khairatiram Hospital
9. Primus Super Specialty Hospital
10. Sita Ram Bharti Hospital
11. Venkateshwar Hospital
12. Vinayak Hospital
13. VIMHANS Hospital
14. Max Smart Hospital
15. Action Cancer Hospital
16. Ayushman Hospital and Health Services
17. Batra Hospital & Medical Research Centre
18. Bensups Hospital
19. Bimla Devi Hospital
20. BLK Kapoor Memorial Hospital (BLK Max)
21. Centre for Sight
22. Dharamshila Narayana Hospital
23. Fortis Escorts Hospital
24. Guru Harkishan Hospital
25. Hakeem Abdul Hameed Centenary Hospital (HAHC)
26. Human Care Charitable Hospital
27. Indian Spinal Injuries Centre
28. Jaipur Golden Hospital
29. Jeevan Anmol Hospital
30. Madhukar Rainbow Children's Hospital
31. Maharaja Agrasen Hospital, Punjabi Bagh
32. Yatharth Hospital
33. Maharaja Agrasen Hospital (Dwarka)
34. Maharishi Ayurveda Hospital
35. Mata Chanan Devi Hospital
36. Max Super Specialty Hospital (Patparganj)
37. Max Super Specialty Hospital (Shalimar Bagh)
38. National Heart Institute
39. Pushpawati Singhania Hospital
40. R.L.K.C. Hospital
41. Red Cross General Maternity and Child Care Hospital
42. Rajiv Gandhi Cancer Institute & Research Centre, Rohini
43. Rajiv Gandhi Cancer Institute & Research Centre, Niti Bagh
44. Saroj Hospital
45. Shanti Mukand Hospital
46. Shree Aggarsain International Hospital
47. Sir Ganga Ram Hospital
48. St. Stephen's Hospital
49. Swami Parmanand Prakritik Hospital
50. Santom Hospital
51. Sri Balaji Action Medical Institute

Related news - Supreme Court Asks Union & Delhi Govts To Inquire If Indraprastha Apollo Hospital Provided Free Treatment To Poor In Last 5 Years

Supreme Court To Hear PIL Seeking To Monitor If Hospitals Built On Govt Concessions Provide Free Aid To EWS/BPL Patients

Case Title: UNION OF INDIA VERSUS MOOLCHAND KHAIRATI RAM TRUST, Miscellaneous Application No. 1187/2019 in C.A. No.3155/2017

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