No coercive action to be taken against Daund hospital accused of over-charging till May 19: HC

The Bombay high court (HC) has restrained the authorities from shutting down a hospital in Daund, Pune which is a dedicated Covid care centre after receiving complaints of over-charging and having four Covid deaths in a single day

The Bombay high court (HC) has restrained the authorities from shutting down a hospital in Daund, Pune which is a dedicated Covid care centre after receiving complaints of over-charging and having four Covid deaths in a single day. The shutdown order was passed on May 7 after the authorities conducted an inspection on receipt of the complaints and found that the centre had not been following stipulated operational norms. However, in light of the fact that 18 patients were still being treated in the centre and the authorities had not allowed the hospital to explain, the court restrained them from shutting the centre till the next hearing on May 19.

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The division bench of justice KK Tated and justice Abhay Ahuja, while hearing the petition filed by Mohan General and Multi-Specialty Hospital at Daund, Pune, was informed by advocate Dr Uday Warunjikar that the petition was challenging a May 7 cancellation of license order by the sub-divisional officer, Purandar taluka, Pune. The petition also challenged the direction by the sub-divisional officer to the hospital to refund the excess fees they had charged from patients who underwent Covid treatment at the facility.

Dr Warunjikar informed the court that the 60-bed hospital had 12 intensive care units (ICU) units and 10 invasive and non-invasive ventilators. He submitted that the hospital was having all the modern amenities and also had the wherewithal to treat Covid patients and had also arranged for a sufficient supply of oxygen.

Solunke submitted that in light of the above it was clear that the hospital violated several provisions of the Bombay Nursing Home Registration Act, hence the show cause notice issued to the hospital asking it to respond in three days failing which its license would be cancelled and its registration would be suspended was valid. She also sought time to file an affidavit with regards to the report.

Dr Warunjikar submitted that 18 patients were still receiving treatment at the hospital and if the hospital was not allowed to function it would have an adverse effect on the condition of the patients. He added that as the proper procedure was not followed as per the Act and the hospital did not have a chance to have its say, the implementation of the May 7 order should be stayed.

After hearing the submissions, the bench directed the authorities to file their reply by May 18 and retrained them from taking any coercive action against the hospital till the next date of hearing on May 19.