In an order dated 13 April, the Supreme Court modified its earlier direction to private labs to conduct COVID-19 tests for free and clarified that it is only applicable for those who are eligible under Ayushman Bharat (as already implemented by the government), and others belonging to any economically weaker sections of the society that the centre finds eligible.
The private labs, on the other hand, can continue to charge the payment from people who were able to afford the price cap fixed by the Indian Council of Medical Research (ICMR) at Rs 4500. Further, the court ordered the government to issue necessary guidelines for reimbursing the costs incurred by the private labs and to implement the necessary mechanism to defray their expenses.
The clarification follows an order dated 8 April, when the apex court directed that private labs should conduct coronavirus tests free of cost, observing they need to be philanthropic in the hour of national crisis.
In the latest order, the court stated,
This development comes after interim applications were filed on behalf of private labs. Senior counsel Mukul Rohatgi submitted that the ICMR has fixed the price on a ‘moderate’ side to cover the expenses of the labs, and patients under Ayushman Bharat are getting tested at no cost by the labs. The order states:
“He (Rohatgi) submits, in the event that the labs are not to charge any fee for the tests, it will be impossible for them to carry on the test in due to financial constraint and other relevant factors. He further submits that the kits which are utilized in the test are imported kits involving substantial expenses.”
The court has ordered the government to respond with appropriate guidelines within a week in order to decide which other weaker sections of the society, for instance, workers belonging to low-income groups in the informal sectors, beneficiaries of Direct Benefit Transfer etc. should be eligible for availing free testing.
As on 13 April, 157 Government Labs and 67 private Labs are conducting COVID-19 test. All government hospitals and government labs are conducting COVID-19 test free of cost.
Under the Ayushman Bharat Yojana, about 10.7 crore poor and vulnerable families are covered, and they can avail the benefit of free of cost COVID-19 test even in the private labs, the order states.
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