SC warns Apollo Hospital over denying free treatment, seeks affidavit
New Delhi: The Supreme Court on Tuesday slammed Indraprastha Apollo Hospital for allegedly violating the lease conditions, which required the hospital to provide free medical care to one-third of its indoor patients and 40% of its outdoor patients, without discrimination. The court emphasized that if poor patients are not given free treatment, it will hand over the hospital to the All India Institute of Medical Sciences (AIIMS).
A bench of Justices Surya Kant and N Kotiswar Singh took serious note of alleged violation of lease agreement under which the hospital run by Indraprastha Medical Corporation Limited (IMCL) was to provide free medical and other facilities to one-third of its indoor poor patients and 40 per cent of its outdoor patients without any discrimination, news agency PTI reported.
"If we find out that poor people are not provided free treatment, we will hand over the hospital to AIIMS," the bench said.
The bench observed that the hospital, constructed by the Apollo Group in 15 acre land in posh area of Delhi which was given on symbolic lease of Rs 1, was to be run on 'no profit and no loss' formula but has instead turned into a pure commercial venture where poor people can hardly afford treatment.
Counsel appearing for the IMCL said the hospital was run as a joint venture and the government of NCT of Delhi has 26 per cent shareholding and was equally benefited with the earning.
Justice Surya Kant told the counsel, "If the Delhi government is earning profit from the hospital instead of taking care of the poor patients, it is the most unfortunate thing."
The bench noted that the hospital was given land on lease of 30 years which was to expire in 2023 and asked the Centre and the Delhi government to find out whether its lease agreement was renewed or not.
The top court was hearing a plea of IMCL challenging the September 22, 2009, order of the Delhi High Court in which it had said that hospital administration has flouted the agreement condition to provide free treatment to indoor and outdoor poor patients with "impunity".
It asked the Centre and the Delhi government, if the lease agreement has not been extended then what lawful exercise has been undertaken in respect to the said parcel of land.
The bench also sought to know the existing total bed strength of the hospital and sought records of OPD patients for the past five years.
"The affidavits will also explain how many poor patients recommended were provided free treatment in the past five years," the bench said and asked the hospital administration to cooperate with the inspection team and provide all relevant records as sought by the monitoring authority.
The top court also gave liberty to the hospital administration to file its affidavit, if any and posted the matter for hearing after four weeks.
On September 22, 2009, the high court had directed the hospital administration to provide one-third of the free beds, that is 200 beds with adequate space and necessary facilities to the indoor patients and also to make necessary arrangements for free facilities to 40 percent of the outdoor patients.
"All government hospitals having speciality or super speciality and even if it is a general hospital shall and establish special referral centres (counters/rooms). These centres shall be part of the casualty as well as regular OPDs of the hospital. The patients in critical condition, brought to the casualty of the hospital, if necessary, be referred by the medical superintendent/director of the hospital for immediate treatment to the Indraprastha Apollo Hospital," the high court had said.
The high court had passed an order on a plea of All India Lawyers' Union (Delhi Unit), represented by advocate Ashok Agrawal.
It had further directed that at the time of referring, records in triplicate shall be prepared of which one copy shall be given to the patient; second copy to the Director General Health SerThe High Court had further imposed a cost of Rs 2 lakh on the IMCL for contesting the matter and raising objections to avoid its responsibility of providing free treatment, as outlined in the lease agreement.vices and the third copy would be maintained by the hospital.
"The Indraprastha Apollo Hospital shall admit such patients and treat them free of any expenses in relation to admission, bed, treatment, surgery etc., including consumables and medicines. In other words, such patients would not be required to pay any expenses for their treatment in the Indraprastha Apollo Hospital," the high court had said in its 70-page order.
It had further said the person entitled to free treatment as indoor patients (33 percent of the total beds) should be properly identified and classified.
"Outpatient (OPD) facilities need to reach the people and for this, the IMCL is directed to prominently display within its compound, as well as through advertisements, that 40 per cent of OPD patients are entitled for free treatment," the high court said, reports PTI.
The high court has also imposed a cost of Rs 2 lakh for contesting the matter and "raising frivolous objections to avoid its responsibility to give free treatment to the citizens as envisaged under the agreement".
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