Alleged Non-Admission Of Covid Patients By Private Hospitals Despite Insurance Cover: Gauhati High Court Seeks Response

A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak heard Advocate A. Chamuah on behalf of Lawyers Association, Guwahati who alleged that in Assam, persons who are suffering from COVID, although they have an insurance cover are still not being admitted in private hospitals.

He submitted that this is contrary to the directions issued by the Insurance Regulatory and Development Authority of India for hospitalization of COVID patients vide order dated March 4, 2020.

The Regulatory Authority had ordered:

Where hospitalization is covered in a product, insurers shall ensure that the cases related to Corona virus disease (COVID-19) shall be expeditiously handled. It further provided that the costs of admissible medical expenses during the course of treatment including the treatment during quarantine period shall be settled in accordance to the applicable terms and conditions of policy contract and the extant regulatory framework.

Disputing the allegations, Advocate General D. Saikia submitted that on enquiry being done at their end, 9 private hospitals were contacted in Guwahati, Dibrugarh and Bongaigaon and the replies which they had received from these private hospitals is that despite late payment in many cases, they have not denied admission to a patient suffering from Covid, except in some cases where the employees of the hospital were also suffering from COVID.

The Court has now asked the State Government to file its reply within a week so that the Court is in a better position to examine the matter. It has also directed Assistant Solicitor General of India RKD Choudhury to get instructions in this matter from IRDAI.

Before parting, the Bench also took into account the case of an old lady who was allegedly denied treatment from cancer as she was suffering from COVID.

The Court was informed that the lady is presently in her home isolation with her husband. It has now sought a detailed reply to this effect, to be filed within a week.

Case Title: Lawyers Association, Guwahati v. State of Assam & Ors.

Click Here To Download Order

Read Order