Hospitals Overcharging Covid Patients: Karnataka High Court Seeks ATR; Status Of Refunds

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum in its order noted,

"Counsel for intervenor, Shridhar Prabhu, has pointed out that as per the annexure R3, to affidavit of compliance dated 25/10/2021, filed by the state government, certain hospitals have charged money from the patients although they were not to charge any amount from them for the treatment of covid illness and even in some cases they have been asked to refund the amount. The corporation/state government will have to inform as to what action has been taken against these hospitals who are found guilty of charging exorbitant amounts from patients and whether the said amount has been refunded to the patients or not."

The state government has provided to the Court a list of private hospitals who collected extra amount from Covid-19 patients, government referred patients. It indicates that hospitals collected an amount of Rs. 1,98,83,498 and till now a refund of Rs. 32,22,352 has been done.

Further, the list of private hospitals who collected extra amounts from Covid-19 walk-in private patients, amounts to Rs. 1,55,91,845 and till now a refund of Rs. 1,04,2339 has been made.

The state government has also provided details of 1,325 complaints received on the Suvarna Arogya Suraksha Trust call centre about amounts being paid to different hospitals by patients across the state.

As per an annexure submitted today, the government had issued the following instruction:

If a patient gets a positive report after Covid-19 test, B.U Number will be generated by BBMP. Based on the B.U number, a bed will be allotted to the patient under government quota in a private hospital. Treatment in private hospital for the bed allotted under the government quota is completely free for the patient including Remedisivir Injection, supplied by the government. Patients need not pay any amount to the hospital. All BPL & APL categories, migrant workers and interstate returnees are eligible to avail this facility.

Further, it was said, "If a patient wishes to avail treatment as a private patient, in a private hospital on cash payment basis, he will have to bear the cost of treatment himself within the limits fixed by the government as given below. Rates Per Day, General ward Rs. 10,000, Isolation ICU without Ventilator Rs. 15,000, HDU Rs. 12,000, Isolation ICU with Ventilator Rs. 25,000.

Private hospitals should not charge any additional amount from the patients other than the rates fixed by the Government. If any hospital charges higher rates, they can be prosecuted under the KPME Act 2017 and National Disaster Management Act 2005. If a private refuses to treat covid-19 patients or charge more than the rates fixed by the government, patients can call 1800 425 8330 and complain and send email to sastgrievance@gmail.com."

During the hearing of a batch of petitions regarding covid-19 management, the court was also informed that publicity is not given to the redressal mechanism. Following which the court directed "BBMP shall advertise on their website informing the public at large to make a complaint, if any, against private hospitals, who have charged excess amounts from them for treatment of covid-19. The advertisement shall also come in daily newspapers having wide circulation.

Case Title: Mohammed Arif Jameel v. Union Of India.

Case No: 6435/2020.

Click Here To Read/ Download Compliance Affidavit By State