New Delhi: 13 Apr 2020
In a big relief to the private labs, the Supreme Court on Monday modified its 8 April order for free Covid-19 testing in private labs to now restricting the free test only for people eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana, as already allowed by Government of India. Additionally, the Central government has been directed to issue guidelines within a week to consider other categories of economically weaker sections of society to be eligible for free testing as well.
The order was passed by the apex court bench comprising Justices Ashok Bhushan and Ravindra Bhat post hearing the submissions at length on video-conferring at supreme court.
Solicitor General Tushar Mehta representing the Indian Council of Medical research (ICMR), filed an affidavit in the top court on Monday and argued for withdrawal of the 8 April order directing the Centre to ensure that tests to detect Covid-19 are provided for free to all Indians.
In an interim order, the court had said that the Centre should immediately direct all approved diagnostic laboratories, including state-owned and private facilities, to offer free testing. ICMR argued that such an order is detrimental to fight against coronavirus.
Mehta submitted in the court that under the Ayushman Bharat Yojana, about 10.7 crore poor and vulnerable families, which means approximately 50 crore beneficiaries, are already covered under the scheme and they can avail themselves of the benefit of free Covid-19 test even at the private labs.
The ICMR also contended that since the court was not apprised of the ground level situation, statistical data, expert advice and didn’t issue notice to the government for the information, it would be ‘prudent’ to let the executive make such decisions.
Senior Advocate Mukul Rohatgi, appearing on behalf of several laboratories, argued in the court that ICMR had fixed ₹4,500 on a moderate side to cover the expenses of labs for conducting the Covid-19 test. It would be impossible for pvt labs to carry on free test due to financial constraint and other relevant factors. He further submitted that the kits, which are utilized in the test are imported kits involving substantial expenses.
Post hearing the arguments, the court, in its order passed on Monday evening, directed the Union government and Ministry of Health and Family Welfare to issue appropriate guidelines within a period of one week to consider other categories of the weaker sections of the society e.g. workers belonging to low income groups in the informal sectors, beneficiaries of Direct Benefit Transfer, etc. apart from those covered under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana to be eligible for the benefit of free testing.
Additionally, the court clarified that the the private Labs can continue to charge the payment for testing of Covid-19 from persons who are able to make payment of testing fee as fixed by ICMR.
The order also entailed that the Government of India, Ministry of Health and Family Welfare may issue necessary guidelines for reimbursement of cost of free testing of Covid-19 undertaken by private labs and necessary mechanism to defray expenses and reimbursement to the private labs.
The court has directed the Centre to give appropriate publicity to court’s order and the guidelines it formulates in order to ensure adequate coverage to all of those who are eligible.
Ameera Shah, Promoter & Managing Director of Metropolis Healthcare Ltd said, “We stand by the decision of the honourable Supreme Court. The Government of India’s stand of allowing the free tests of the people covered under the Ayushman Bharat Scheme is a welcome move. We will follow the government’s directive and will continue to do the tests at the approved rates.
“This directive will allow private labs to scale up testing to support the government during this national crisis. Metropolis is currently supporting the Maharashtra Government in its intent to scale up testing, and we have the capacity to do thousands of tests per day. We are scaling up drive-through and home visit testing significantly.
“While we have continued providing the best patient care through all the chaos, I am happy to see the SC and government recognize the passion and commitment with which private labs are operating and recognize the good work being done as caretakers of the health of all Indians.” ( Live Mint )
