Take Over 50% Beds From Private Hospitals : Kerala High Court Suggests

Following the High Court's emphatic declaration on Tuesday that it would take up the issue of COVID treatment with some seriousness, the Kerala High Court convened a special sitting to discuss measures to rationalise COVID-19 treatment tariffs across private hospitals, labs, and diagnostic centers in the state.A Division Bench of Justices Devan Ramachandran and Dr Kauser Edappagath touted a list of measures for the state government's consideration. Delete The Kerala High Court is hearing a PIL seeking uniform #Covid treatment rates across hospitals in Kerala#Covid #Covid19 #COVIDsecondwave #KeralaHighCourt #Kerala— Live Law (@LiveLawIndia) May 6, 2021Court's concern on rates charged on Covid beds in private hospitalsOn the state's bid to reserve 50% of beds in non-empanelled private hospitals for Covid, Justice Ramachandran said, "We have few reservations on that..""The first reservation is, we are not sure whether the non-empanelled hospitals are keeping apart 50% beds..we want you find out..this will have to be scrupulously verified," the Court instructed State Attorney KV Sohan."50% of vacancies in empanelled hospitals are virtually unregulated - and 50% of vacancies the government has earmarked is also unregulated in private hospitals as of now. There is also another 50% in un-empanelled hospitals for which there is absolutely no rates fixed. In other words, 50% vacancies in private hospitals are completely unregulated even today", Justice Ramachandran pointed out."These are patients whom the hospitals call walk-in patients. When they walk-in, they do not walk in with full volition, they have no other option. They would love to go to a government hospital but there is no vacancy there, so they are forced to go to a private hospital. So, therefore, the walk-in will certainly have to be regulated", the Court stated.The Court therefore directed the State Attorney to obtain instructions by the next hearing on rates charged on 50% of beds that were not reserved in the government's Covid-19 empanelled hospitals and the rates for Covid beds in non-empanelled hospitals. The bench mark rate can be that fixed by the State Health Agency, the Court volunteered.Here is an outline of what else the Court suggested during the 50-minute session today -Toll Free NumberThe Court suggested the allocation of a toll free number exclusively for Covid-19 that people could telephone in case they needed details of beds available, or other information pertinent to Covid treatment. The Bench pointed out that presently there were a host of district helplines, but no single number that could easily be remembered and dialled for information. "Some number we are capable of understanding in case we have trouble...," the Court explained.The petitioner's counsel, Advocate Sureshkumar submitted that there are no beds in private hospitals. "Patients are running from hospital to hospital!", he exclaimed. With this, he narrated the story of a patient in Ernakulam who had to be shifted to another district, Pathanamthitta, after his family failed to find beds for him in Ernakulam. Shortly after he was given a ventilator, the patient succumbed, Advocate Sureshkumar said.Justice Ramachandran at this juncture declaring, "this is precisely what we were saying, this is why we need a helpline number!"The State Attorney drew the Court's attention to the State's Covid web portal that mentioned the number of beds etc available in the state. The Court said, "Only numbers (numeric details) are displayed on the website. This is why we need a (toll free) number to call for…this is very important, otherwise we will go in the way other states have been going"Patient Management SystemAdditionally, the Division Bench proposed a system where patients could be grouped into categories, with each of these categories having its own management and treatment protocol to reduce stress on hospitals.ConsumablesJustice Devan Ramachandran, speaking for the bench, suggested that the rates for consumables such as oximeters, personal protective equipment (PPE) kits etc be fixed pro rata. The pathological rates should be charges as per actuals, the Court said.Reading from certain patient bills that the Court received, the Bench stated that a certain hospital was charging its patients for 2 - 3 PPE Kits per day and taking Rs 40,000 for oxygen."This has to be regulated", the Court iterated.Doctor and Nurse Consultation ChargesOn this count, the Bench called for uniform rates.The State's stance and the Court's appreciation for measures taken and proposedAt the outset of the hearing, State Attorney KV Sohan informed the Court that the State Government had convened a meeting with management of private hospitals on Wednesday, following which it was decided to fix the rates that private hospitals could charge for COVID-19 treatment.This decision, with the rates that can be charged by each hospital will soon be notifed in a Government Order, the State Attorney said.In an additional...

Take Over 50% Beds From Private Hospitals : Kerala High Court Suggests

Lydia Suzanne Thomas

"When the public is putting all their life savings (for treatment), the private hospitals can also sacrifice...This situation will continue only for a few months more", Justice Ramachandran expressed, on a note of optimism.

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