SC directs Delhi hospitals to suggest mechanism for free emergency treatment to EWS patients

New DelhiThe Supreme Court on Wednesday directed 51 private hospitals in Delhi that are mandated to provide free treatment to patients from the economically weaker sections (EWS) to suggest a mechanism for providing emergency medical care to EWS patients as part of a standard operating procedure (SOP) to be finalised by the court

New Delhi

Posting the matter for September 9, the bench asked the amici curiae to come out with a revised SOP incorporating suggestions from the hospitals concerned. (HT Archive)

The Supreme Court on Wednesday directed 51 private hospitals in Delhi that are mandated to provide free treatment to patients from the economically weaker sections (EWS) to suggest a mechanism for providing emergency medical care to EWS patients as part of a standard operating procedure (SOP) to be finalised by the court.

The court issued the directions in continuation of its 2018 ruling, reiterating that hospitals which received land at concessional rates must provide free treatment to EWS patients, to the extent of 10% at in-patient departments and 25% at out-patient departments. The court directed the formulation of an SOP in May, after the Delhi government reported that several hospitals, bound by the land lease conditions, defaulted on the same.

Taking note of a draft SOP prepared by court-appointed amici curiae, senior advocate Sanjay Jain and advocate Ninad Laud, a bench of justices Prashant Kumar Mishra and Shree Chandrashekhar observed that the same required further revision on the aspect of providing emergency medical care to EWS patients.

“Having heard the counsels appearing for the hospitals and the Delhi government we feel that the SOP shall also dwell on the provisions or procedure to be taken for admitting EWS patients in emergency as soon as any such patient is brought to the hospital,” the bench said.

As the draft SOP was shared with the lawyers appearing for the hospitals on Tuesday, the court permitted two weeks for them to file their responses and suggestions. “They need to peruse the document and suggest improvements in the SOP so that after this court adopts the SOP, it could be properly implemented,” the bench said.

The amici curiae informed the court that the draft contained provisions that made it mandatory for hospitals not to deny treatment to an EWS patient brought for emergency treatment on the grounds that the 10% quota for IPD for that month had been exhausted. “A hospital shall not refuse free treatment to an EWS patient except for genuine and tenable reasons to be recorded in writing... Such reasons shall not include cost, choice of consultant or administrative inconveniences,” the draft SOP states.

Posting the matter for September 9, the bench asked the amici curiae to come out with a revised SOP incorporating suggestions from the hospitals concerned. Jain informed the court that while 50 hospitals took part in the exercise of framing SOP by participating in the joint meeting and giving suggestions, one hospital, Yatarth Hospital, neither turned up to the meeting nor gave its suggestions.

The court issued a contempt notice to Yatarth Hospital, questioning why an officer of the hospital should not be sent to jail for violating the court order. Directing the police to serve notice to the hospital, the bench directed the medical superintendent of the hospital to personally attend the next hearing and also provide information to the amici curiae.

The list of 51 hospitals bound to provide free treatment to poor patients includes Max, Fortis, Mool Chand, Primus, Vimhans, Batra, Dharamshila Narayana, Sita Ram Bharti, Sir Ganga Ram, St Stephen, Rajiv Gandhi Cancer Institute, Pushpawati Singhania, Jaipur Golden, and Indian Spinal Injuries Centre, among others.

The top court’s 2018 ruling stemmed from a PIL filed before the Delhi High Court, seeking free treatment to the poor in hospitals which were obliged to provide the same under the land lease clause. In 2007, the Delhi High Court mandated all such hospitals to scrupulously abide by the same. This order was challenged in the Supreme Court, which upheld the high court order and directed the Delhi government to submit periodic compliance reports.