IndiaA bench of Chief Justice D N Patel and Justice Prateek Jalan directed the Delhi government to take a decision on the representation "in accordance with the law, rules, regulations and government policy applicable to the facts of the case as expeditiously as possible and practicable".
With the direction, the bench disposed of the plea moved by SKM Foundation, through it trustee Sudhir Mishra, which has contended that the June 20 order of the Delhi government to cap COVID-19 treatment costs has given rise to "operational errors" and therefore, "defeats the purpose of ensuring equitable quality treatment to all".
The foundation, represented by advocate Shivam Singh, told the court that the order has ignored that "the disparity in severity of the disease would extend beyond the physical provisions, like bedding of the hospitals".
It had contended in its plea that patients admitted to a hospital for COVID-19 treatment are "not homogenous in terms of bodily capabilities" to deal with the disease and the amount and kind of medicine to be administered to each would vary widely from person to person.
"A straight jacket formula cannot be applied for patients with vast arrays of bodily deficiencies," the foundation had stated in its plea.
According to Delhi government additional standing counsel Sanjoy Ghose, who appeared for the Health department, in private hospitals certified by the National Accreditation Board for Hospitals and Healthcare Providers (NABH) the cost of treatment varies between Rs 10,000 to Rs 18,000 per day based on the ward.
In isolation ward, the cost is Rs 10,000 per day, in ICU without ventilator it is Rs 15,000 and in ICU with ventilator it is Rs 18,000.
In private hospitals without NABH certification, the rates are Rs 8,000, Rs 13,000 and Rs 15,000 per day, respectively.
Ghose said the prices in Delhi were higher than in other states as here the price of advanced medicines and PPE kits have also been factored in and these have to be provided to the patient, if required.
The bench said no hospital has come forward claiming difficulty in providing treatment as per the rates fixed by the government and the petitioner cannot assume the amounts fixed were unreasonable.
It asked the petitioner to first see if the system put in place is working, before approaching the court.
The bench also said that as and when some individual prefers to challenge the Delhi government order, it will be decided by the appropriate forum in accordance with the law. HMP RKS RKS