HC questions govt competency to prescribe rates for non-Covid patients

Nagpur: Nagpur bench of Bombay high court has asked Maharashtra government to inform on its competency to prescribe rates for non-Covid patients as specified in its May 21 notification.
The notification fixed rates for treating Covid-19 and non-Covid patients in hospital/nursing homes/clinics across the state. Through it, the government had warned these establishments against charging above the fixed rates.
“We are anxious to know from the government its competency to prescribe rates for non-Covid patients. We, therefore, direct assistant government pleader AM Deshpande to take instructions on this aspect in the matter,” a division bench of Justices Ravi Deshpande and Pushpa Ganediwala said.
The bench was hearing petitions filed by Dr Pradeep Arora, a paediatrician running a nursing home, and Hospital Association. Jemini Kasat pleaded for the corporation.
Along with amicus curiae Subodh Dharmadhikari and Deven Chauhan, Dr Arora, who pleaded in person, pointed out that the government was not competent to fix rates for non-Covid patients in private hospitals. Many other hospitals had also challenged NMC’s notices in HC on an individual basis.
“Our attention is invited by senior counsel to the July 14 order passed by apex court in writ petition (civil) Diary No. 10918/2020 (Sachin Jain versus Union of India and others). A report is called from the Centre and state government in respect of directives/guidelines proposed to be issued under the provisions of Disaster Management Act. We have been informed that the matter is fixed before the top court and order is not uploaded,” the judges said.
Before adjourning the hearing till September 15, the judges said they are not concerned with the report to be submitted by the government in top court in this regard.
The petitioners had challenged NMC notices to private hospitals over alleged over-charging of fees from Covid-19 patients. Questioning the legality of NMC move, they termed it as “gross abuse and misuse of powers” by the civic officials.