New Delhi:
On a petition filed against forcing patients to buy medicines and equipment in private hospitals, the Supreme Court said that the state failed to provide medical infrastructure to all citizens. States control private hospitals, which force patients to buy medicines at higher prices from their pharmacy. Duties of states to provide infrastructure related infrastructure to citizens. The Supreme Court said that the Center and the states should bring guidelines to ensure that private hospitals do not exploit citizens. However, the Supreme Court stopped the hearing on the PIL.
The Supreme Court, while directing the state governments, settled the PIL and said that it would not be appropriate to issue any compulsory instructions for this court. But it is necessary to make the state governments aware of the problem of unfair fee or alleged problem of exploitation of the patient in private hospitals. A bench of Justice Suryakant and Justice N. Kotishwar Singh said, the state is not able to provide necessary medical infrastructure necessary medical infrastructure to meet the needs of all types of patients. Therefore, states have provided and promoted private institutions. The Supreme Court directed the states to control the issue of forcing patients to buy medicines from their pharmacy at high prices by private hospitals.
“We agree with you, but”
The bench settled a public interest litigation against private hospitals stating that patients/families are forced to buy medicines/transplant/medical equipment at high rates from hospitals instead of open market. Justice Suryakant, while hearing the petition, said, “We agree with you, but how to control it?”
The petitioners demanded instructions to private hospitals that they should not force patients to buy medicines/equipment/implants only from hospital pharmacies, where they allegedly charge excessive rates compared to the notified market prices of all such items. It has been claimed that medicines are sold by these pharmacies at higher prices than MRP. The petition further alleged that the Center and the state have failed to take regulatory and corrective measures, as a result of which patients are being exploited.
The Supreme Court had earlier issued notice and many states including Odisha, Arunachal, Chhattisgarh, Bihar, Tamil Nadu, Andaman and Nicobar, Himachal, Rajasthan etc. have filed a counter affidavit. The Center has also filed a reply which states that it is no compulsion for patients to buy medicines etc. from hospitals/pharmacies. Questioning the jurisdiction of the petitioners, the states/union territories have said that nectar shops/mass shops have been set up in government hospitals. States have said that they rely on the drug price control order issued by the Central Government under which the prices of the required medicines are fixed to ensure their availability at a reasonable rate.
“States facilitated private institutions”
The bench gave the verdict, saying that we would like to add that most of the states have highlighted the state -run schemes which are based on the state’s own uniqueness and whose purpose is to ensure that medicines, consuming goods and medical services are made available at cheaper prices. The Supreme Court said that providing medical facilities and infrastructure in part IV of the Constitution has been stated to be the duty of the states, but the states are not able to provide necessary medical infrastructure to meet the needs of all types of patients. Therefore, states have provided and promoted private institutions.
(Tagstotranslate) Private Hospital (T) Supreme Court (T) Private Hospital (T) Supreme Court
