HC seeks State’s response on requisitioning private hospitals
| Date :13-Oct-2020 |
Staff Reporter :
Questions legality of taking over private hospitals for COVID-19 patients
The issue of requisitioning of private hospitals and reserving 80 per cent beds for COVID-19 patients with price-capping came under intense scrutiny of the Nagpur bench of the Bombay High Court on Monday. The High Court prima-facie found no enabling provision in either Disaster Management Act or Epidemic Act empowering the authority to take over private hospitals and control cost of treatment. The two notifications issued on April 30 and May 21 are conspicuously silent on this crucial aspect. A division bench consisting of Justice Ravi Deshpande and Justice Pushpa Ganediwala, while asking the State Government to come clean on this aspect, virtually put the authorities on notice.
Only if the requisition was legal and proper, the price obligation and virtual taking over of private hospitals will follow; else, the existing arrangement is legally questionable, the High Court prima-facie noted. This interpretation will have a huge ramification for the private hospitals and people in general. During the hearing of a suo-motu PIL about inept handling of hospital beds management during COVID-19 pandemic, the High Court noted that no such power existed in both the notifications dated April 30 and May 21 issued as per the enabling provisions of Epidemic Diseases Act, 1897; Disaster Management Act, 2005; Maharashtra Essential Service Maintenance (Amendment) Act, 2011; Maharashtra Nursing Home (Amendment) Act, 2006; and Bombay Public Trust Act, 1950.
“Except the provision of Section 2 of the Epidemic Diseases Act and Section 65 of the Disaster Management Act, we do not find any such provision under any of the Acts,” the High Court noted. If the notifications are issued under Section 2 of the Epidemic Diseases Act, 1897 or Section 65 of the Disaster Management Act, 2005, requisitioning the resources, services, premises and vehicles of the private hospitals declared as Dedicated Covid Hospitals in the State, then the consequences or obligations contained under Section 66 regarding payment of compensation may follow, the High Court observed.
Else, it is difficult to understand as to “how and under what authority there can be an interference in the management of COVID-19 patients in the private hospitals, either by the State Government or by the empowered officer,” the High Court opined while seeking a response on October 16. Only if such legally tenable notification backed by enabling provisions has been issued, Nagpur Municipal Corporation can take over effective management of the private hospitals to the extent of 80 per cent of the beds. This includes services rendered by the medical and para-medical personnel along with the facilities and material resources. In such a case, the State can discharge its obligation of providing free treatment to the patients of COVID-19 by utilising the resources, services, premises and vehicles of private hospitals, as contemplated under Section 65 of the Disaster Management Act, 2005, the HCpointed out.