Madras High Court warns Puducherry Government of "serious consequences" if refund not initiated to Covid patients

Madras High Court warns Puducherry Government of serious consequences if refund not initiated to Covid patients
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Court was hearing a PIL in which citizens were directed to approach private care facilities on account of inability of Government centres to provide medical care amid rising surge of Covid cases when the second wave had hit the country.

A Madras High Court Bench consisting of The Hon'ble Chief Justice and Justice P.D. Audikesavalu warned the Puducherry Government of serious consequences if they fail to refund money tocovid patients admitted in private hospitals.

The Court was hearing a petition wherein the grievance is that citizens in Puducherry who required hospitalisation upon contracting Covid-19 were sometimes directed to obtain admission at private medical institutions. By doing so, the patients had to incur expenses for tests being conducted, which they would not have had to incur at any government hospital.

The petitioner had two main contentions:

  1. one to complain of the perceived unscrupulous charging of patients by the fourth respondent despite being assured by the government of Puducherry that expenses incurred for treating Covid patients referred to the fourth respondent would be taken care of by the government;
  2. The government of Puducherry is obligated to refund the citizens the money that they expended for obtaining treatment at the fourth respondent's private medical institution.

Vide its order dated July 16, 2021 Madras High Court had held that:

“It is hoped that it is widely advertised by the government of Puducherry that the reasonable amounts expended at any private facility by a patient who was referred thereto by the government of Puducherry or by a government hospital would be refunded. The particulars of the authority to be contacted in such regard should be widely circulated and made known to the ordinary citizens. Every endeavour should be made by the government of Puducherry to ensure that the individual citizens are reimbursed the appropriate amounts as expeditiously as possible, and, preferably, within the next three months.”

The Hon’ble Court had ordered to matter o be heard in interval to check the progress of refund. However, on a recent progress check dated 24th September, the Court was not happy with the government’s performance. The Court observed that sufficient time has been afforded to the Government of Puducherry to refund money paid by citizens for obtaining treatment at private care facilities.

The matter is to said to be heard on 30th September, 2021. The Court warned the Government that if the status report does not indicate substantial refund having already been completed, serious consequences may visit the officials, particularly the Chief Secretary and the Secretary or other official heading the Health Department of the Union Territory

Case Title: A. Anand Vs. Government of Puducherry

Access Copy of order here

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