MUMBAI: Bombay high court on Thursday extended protection to 28 private hospitals from coercive state government action in a spat over charging of Covid-19 patients.
A bench of Justices Shahrukh Kathawalla and Riyaz Chagla passed the order on a petition by doctor-owners of hospitals in Panvel, Thane, Navi Mumbai and Borivli who are aggrieved by “arbitrary fixation” of treatment rates by notifications on March 3, April 30 and August 31. They contended that the notifications seek to exercise financial control over them when they have not receive financial aid, free or subsidised land or state or central government assistance.
Their petition, through advocate Vishal Thadani, stated that the state cannot assume the role of an adjudicator, which is the “prerogative only of judiciary and tribunal, when tribunals are constituted”. It added that in case of an allegation of overcharging or exploitation by a doctor, it is within the realm of Indian Medical Council, an expert professional body, and not state or municipal administration “who neither have expertise or knowledge of the field relating to prescription of medicines and treatment’’.
On October 15 the judges took note that the government pleader’s office had moved the Chief Justice for permission to consolidate matters involving a similar issue and to place them before one bench. They directed that a September 17 order, where Panvel Municipal Corporation was restrained from taking action against a Kharghar hospital, will be also be applicable to the 28 hospitals.
At the hearing on Thursday senior advocate S U Kamdar, for Indian Medical Association, said the last notification will expire on November 30 and these petitions will become infructuous but the judges posted the next hearing on December 4.
Source: https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-protection-for-28-pvt-hosps-on-covid-rates/articleshow/79435099.cms
