Order of free testing in private hospitals of Covid-19 stands modified - free testing applicable to specific schemes only; SC.

Supreme Court of India

Justice Ashok Bhushan & Justice S. Ravindra Bhat

The SC on April 13, 2020 {SHASHANK DEO SUDHI v. UNION OF INDIA & ORS.} in supersession to its earlier order dated 08/04/2020 held that the benefit of free testing by a person can be availed only when he or she is covered under any scheme like Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana. It was also held that looking to the plight of persons belonging to economically weaker sections of the society, the Government may consider as to whether any other categories of persons belonging to economically weaker sections of the society can be extended benefit of free testing of COVID-19. It was further held that framing of the scheme and its implementation are in the Government domain, who are the best experts in such matters. 

In view of the foregoing discussion, it was held by the SC that the order dated 08.04.2020 is clarified and modified in the following manner:

"(i) Free testing for COVID-19 shall be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19, hereinafter.

(ii) The Government of India, Ministry of Health and Family Welfare may consider as to whether any other categories of the weaker sections of the society e.g. workers belonging to low income groups in the informal sectors, beneficiaries of Direct Benefit Transfer, etc. apart from those covered under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana are also eligible for the benefit of free testing and issue appropriate guidelines in the above regard also within a period of one week.

(iii) The private Labs can continue to charge the payment for testing of COVID-19 from persons who are able to make payment of testing fee as fixed by ICMR.

(iv) The Government of India, Ministry of Health and Family Welfare may issue necessary guidelines for reimbursement of cost of free testing of COVID-19 undertaken by private Labs and necessary mechanism to defray expenses and reimbursement to the private Labs.

(v) Central Government to give appropriate publicity to the above, and its guidelines to ensure coverage to all those eligible."

The application(s) filed were disposed of by the SC, and the earlier order was modified as aforesaid.