Explore free cure at pvt hospitals: HC to govt

Nagpur: Censuring the Maharashtra government over the way it had acquired 80% beds in private hospitals for Covid-19 patients without following proper procedure, the Nagpur bench of Bombay High Court on Monday, asked it to explore whether it can provide free treatment to them.
A division bench comprising justices Ravi Deshpande and Pushpa Ganediwala directed the government to file an affidavit clarifying two aspects. “We prima facie expressed that if notifications are issued under Section 2 of Epidemic Diseases Act, 1897 or Section 65 of Disaster Management Act, 2005, requisitioning the resources, services, premises and vehicles of private hospitals in state declared as Dedicated Covid Hospitals (DCH), then the consequences or obligations contained regarding payment of compensation may follow.”
The judges went through notifications of April 30 and May 21 for taking over private hospitals to find out specific provision under which those were issued. The government cited Epidemic Diseases Act (EDA), 1897, Disaster Management Act (DMA), 2005, the Maharashtra Essential Service Maintenance (Amendment) Act, 2011, Maharashtra Nursing Home (Amendment) Act, 2006, and Bombay Public Trust Act, 1950, for issuing them.
“Except EDA’s Section 2 and DMA’s Section 65, we don’t find any provision. We, therefore, put a specific question to divisional and municipal commissioners to point out specific provisions under any of these enactments empowering authorities to issue these notifications. Both of them have sought time to file an affidavit,” the judges said.
“Whether these DCHs are requisitioned under DMA’s Section 65 or under any other provisions of law? If yes, then whether the government and divisional or NMC commissioners, intend to proceed with matter as per prima facie view expressed by this court,” they asked.
Before adjourning the hearing till Friday, the judges clarified that effective management of private hospitals to extent of 80% beds, including services rendered by medical and paramedical personnel along with facilities and material resources also temporarily vests with NMC chief or other authority made competent under the Act.
“Those running private hospitals would have no voice during a pandemic situation for a temporary period. Consequently, the state can discharge its obligation of providing free treatment to Covid patients by utilizing resources, services, premises and vehicles of these, as contemplated under DMA’s Section 65,” the court said.
The justices said if order as contemplated under DMA’s Section 65 and EDA’s Section 2 hasn’t been passed till this date, then it’s not understood as to how and under what authority there can be an interference in Covid-19 patients’ management in private hospitals, either by the government or by empowered officer, as per April 30 and May 21 notifications.