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Covid-19 update: Supreme Court directs private labs to conduct tests free of cost
Coronavirus testing in India: The tests should be free of cost and no person should be deprived of Covid-19 tests due to non-payment of money, the Supreme Court said in an interim order on Wednesday.
The Supreme Court on Wednesday made tests for the coronavirus disease Covid-19 in government and private laboratories free, and asked the government to pass the necessary orders so as to make this possible. The tests are already free in government laboratories.
Private laboratories charge Rs 4,500 for the currently used RT-PCR tests. The antibody tests that many states will start using later this week are expected to cost less. Private labs, however, have not been allowed to do rapid testing.
The tests should be free of cost and no person should be deprived of Covid-19 tests due to non-payment of money, the Supreme Court said in an interim order on Wednesday, noting that a large part of India’s population may not have the means to afford such tests.
Union health ministry officials directed queries on testing towards the Indian Council of Medical Research (ICMR) as it is the organisation supervising everything related to Covid-19 testing in India.
“Since ICMR handles testing and related matters, it would be appropriate to ask them about it,” said Preeti Sudan, the Union health secretary.
Dr Balram Bhargava, the ICMR director general, did not respond to repeated calls and texts seeking comment.
The apex court also directed that Covid-19 tests must be carried out only in laboratories accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL) or Indian Council of Medical Research (ICMR). The health ministry has already restricted testing to only such laboratories. There are 139 government laboratories and 65 private ones that currently carry out the test.
The order was issued by justices Ashok Bhushan and S Ravindra Bhat .
“We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private Labs to charge Rs.4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to non-payment of capped amount of Rs 4500”, the court said.
The petitioner, advocate Shashank Deo Sudhi, submitted that government hospitals are packed to capacity making it difficult for the common man to get himself/herself tested in the government labs, and challenged ICMR’s March 17 advisory fixing the cost of Covid-19 tests in private laboratories and hospitals. He also sought directions on rapidly expanding testing.
The private laboratories allowed to test for Covid-19 think free testing is not feasible. “We already doing it at a bare minimum cost, and making it free will ensure the system will collapse,” said Dr Navin Dang, founder, Dr Dangs Lab.
“If you make Covid-19 testing free then even those who don’t need it will line up to get tested. It could lead to unnecessary testing. What we need for the government to do is help in bringing down the cost of testing. If kits are made cheaper then it will bring down the cost of testing,” said Dr DS Rana, chairman, board of governors, Ganga Ram Hospital.
Other experts pointed out that the court’s order could stop private laboratories from stopping such tests altogether, hurting India’s effort to test more.
To be sure, the court has asked the government to explore a way to reimburse private laboratories, although it did not pass any order to this effect.
The Supreme Court in its order noted that in spite of various measures taken by the central and state governments to fight the pandemic, the number of patients and death caused by it were increasing with each passing day.Private hospitals and laboratories, the court said, have an important role to play in containing the scale of pandemic by extending philanthropic services in the hour of national crisis.
“We are satisfied that the petitioner has made out a case for issuing a direction to the respondents to issue necessary direction to accredited private Labs to conduct free of cost COVID-19 test”, the order said.
“Create mechanism for reimbursement (of private labs) from the government,” justice Bhushan suggested.
Solicitor General Tushar Mehta, representing the central government, told the court that he will take instructions in this regard.
“The question as to whether the private Laboratories carrying free of cost COVID-19 tests are entitled for any reimbursement of expenses incurred shall be considered later on”, the court stated.
