New Delhi, The Supreme Court on Friday sought a response from private hospitals, which were given land free of cost by the government, if they are willing to charge tariffs prescribed under the Ayushman Bharat scheme for the treatment of COVID-19 patients.

A bench headed by Chief Justice S A Bobde gave two weeks to the private hospitals to clarify their stand in an affidavit. The query was put forth by the top court during the hearing of a PIL by
advocate Sachin Jain who argued that private hospitals, given land of free of cost, should not charge heavily from COVID-19 patients. The top court on May 27 had sought the Centre's response on the PIL.

The Chief Justice said he is not going to grant prayers against all private hospitals. "Why can't charitable hospitals which have taken huge benefit from the government (including free of cost land), certain percentage of work has to be free", said Justice Bobde.

Senior advocates Harish Salve, appearing for the hospitals federation, and Mukul Rohatgi for the association of hospitals, contested this suggestion from the court and said it is not financially sustainable.

The senior advocates informed the top court that the hospitals are already incurring a huge revenue loss due to the COVID-19 pandemic, as many patients are not visiting hospitals for the treatment of other illnesses.

Rohatgi cited the recent Delhi government order to convert Sir Ganga Ram Hospital into a dedicated coronavirus hospital. He insisted that this hospital will only treat Covid-19 patients, which will adversely hit its revenue, and nobody will go to the hospital for treatment. "It will eventually close down the hospitals", he added.

Both Salve and Rohatgi said private hospitals' revenue has dropped between 60 to 70 percent as people are not visiting hospitals during the pandemic.

"People are not coming to hospitals for treatment.... Footfall has gone down," Salve said.

Jain argued that the government attitude supporting private hospitals is not correct. He contended before the bench that under the Centre's Ayushman Bharat Scheme a beneficiary is charged Rs 4000 per day, whereas private hospitals charge Rs 50,000 for a person who is not a beneficiary under the scheme.

The Chief Justice queried the petitioner who will determine the cost, if the court were to make an order on the cost aspect?

Jain argued that the Ayushman Bharat Scheme involves the profitability aspect of the hospital, and insisted that the court determine a standard rate considering the social welfare aspect.

Solicitor General Tushar Mehta clarified the scheme was made for the "lowest strata of society," especially for those who cannot afford high cost of private healthcare services. "Those included in the scheme are rag pickers, beggars etc", said Mehta, insisting that any statement that the Centre is behind private hospitals during this hour of crisis is not correct.

Rohatgi said that the private hospitals also treat Ayushman Bharat Scheme beneficiaries, and this cannot be extended to those who are not beneficiaries.