PIL in Delhi HC to cap rates chargeable by private hospitals for COVID-19 treatment

Raising concern over the exorbitant charges being levied upon by private hospitals for COVID-19 treatment, a Public Interest Litigation (PIL) has been filed in Delhi High Court seeking the Delhi Government be directed to constitute a committee to cap the rates levied upon by private hospitals for COVID-19 treatment, services and PPE kits. 

The petition seeks that the prices be capped within 7 days of the order passed by the court. 

The plea was filed by an NGO named Shree Ji Sewa Sanstha through advocate Roshan Santhalia, Kunal Mimani and Nikitha Surabhi.

The petitioner has highlighted how Tamil Nadu and Maharashtra have already capped the prices of Private Hospitals and PPE kits already in the first week of June itself but Delhi Government is yet to take such a step.

The NGO has pointed out that the Delhi government has delayed the use of its executive powers under the NDMA Act and the Epidemic Diseases Act. 

The plea also seeks setting aside of the Delhi Government's orders dated May 9, May 24 and May 29, regarding the billing of COVID-19 patients as it allows private hospitals to charge for COVID-19 treatment as per their scheduled rates.

The petitioner told the court that these orders are in violation of the Fundamental Right to equality and the right to life under Article 14 and Article 21 of the Constitution of India, respectively. 

Delhi government has declared certain private hospitals as COVID-19 hospitals and directed 117 private hospitals to reserve at least 20 per cent of their total bed strength for COVID19 patients, but allowed these hospitals to continue billing at their scheduled rates, the petitioner said.

The government also passed an order requisitioning certain hotels as extended COVID-19 hospitals for identified private hospitals and directed that treatment for patients in these hotels would be billed as per the hospital's schedule rates.

Despite these measures, there has been a lack of availability of medical treatment for COVID-19 patients due to inadequate hospital beds and a lack of affordability for treatment in private hospitals, the petitioner said.

"Due to the discretion given to private hospitals under the above-mentioned orders, private hospitals have engaged in undue profiteering and charge exorbitant rates for treatment of COVID-19. This practice of excessive billing of COVID-19 patients has remained unregulated by the Government of NCT of Delhi and hence, private hospitals are no longer an option for treatment for a large segment of society," the petition read.

"These orders have led to discrimination as only the patients from the affluent sections of society are in a position to get proper medical treatment in hospitals while other patients do not have access to essential medical care due to lack of COVID-19 beds in government hospitals and unaffordability of treatment in private hospitals," read the petition. 

(With inputs from Zee Media's Nivriti Mohan and ANI)