COVID Second Wave- "Desist From Exploiting Situation By Overcharging Affected Persons": MP High Court To IMA Members

The Bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi was hearing two Interlocutory Applications filed by the amicus curiae in WP-8914-2020 seeking appropriate directions in view of the second wave of COVID-19.

The Amicus curiae submitted before the Court that the District Administration, Jabalpur had orally directed all the private labs and hospitals to stop conducting COVID-19 tests from 25^th March 2021.

In the second IA, the Amicus curiae prayed that in view of the second wave of COVID-19, all the District Administrations of the State of Madhya Pradesh be directed to ensure strict compliance with the directions of the State Government issued on 25^th March 2021.

State's submission

Producing a copy of the order dated 05^th April 2021 issued by the Commissioner (Health)-cum-Officiating Secretary, Directorate of Health Services, Government of Madhya Pradesh, the deputy Advocate General submitted the steps taken by the State Government to test people and as to how the Government had regulated the test prices.

The Court was also apprised of the order issued by the State Government wherein penalties have been prescribed if the exorbitant amount of money is charged by the Diagnostic Centres for different tests.

Further, the Counsels appearing for the Indian Medical Association and for the Madhya Pradesh Nursing Home Association submitted that in the joint meeting of the Indian Medical Association and Madhya Pradesh Nursing Home Association, it was decided by them to comply with the orders passed by the State Government prescribing the charges for RT-PCR Test, Rapid Antigen Test and Chest CT/HRCT Scan from COVID-19 suspects/patients.

Court's Order

Appreciating the stand taken by both the Indian Medical Association and the Madhya Pradesh Nursing Home Association, the Court remarked,

"In the time of the current crisis faced by the country following the second wave of COVID-19 should desist from exploiting the situation by overcharging the affected persons."

Further, the Court also directed the Government to give wide publicity to the orders which the Government had issued with regard to prescription of the rates for RT-PCR Test, Rapid Antigen Test and Chest CT/HRCT Scan from COVID-19 suspects/patients throughout the State.

The State has been directed that it should give publicity by all the available modes i.e. print and electronic media and by any other means as possible, so that all the persons may be made aware of such rates/charges.

The Court further directed the respondents/State Government to empanel all such Private Hospitals and Private Nursing Homes in the State who fulfil the relevant criterion prescribed by the Central Government for treatment of COVID-19 suspects/patients under the Yojana so as to increase the reach of the beneficial scheme to the maximum number of people in the State, who are eligible for treatment under the said Yojana.

Lastly, the matter was listed for further hearing on 19^th April.

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