[Breaking] Make COVID-19 Testing free of cost in government and private labs: Supreme Court (Read Order)

In a significant order passed today, the Supreme Court directed that COVID-19 testing done by both government and private laboratories be free of cost [Shashank Deo Sudhi v. Union of India & Ors.].

. An interim order to this effect was passed by a Bench of Justices Ashok Bhushan and Ravindra S Bhat

The Bench has also ordered that such tests be conducted only in National Accreditation Board for Testing and Calibration (NABL) accredited labs or agencies approved by the World Health Organization or the Indian Council of Medical Research (ICMR).

. The Court noted that the cost of Rs. 4,500 being charged by private labs for such tests was not feasible.

. "We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private Labs to charge Rs.4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to nonpayment of capped amount of Rs.4500. It is submitted before us that insofar as Government Laboratories are concerned the COVID-19 test is conducted free of cost." Supreme Court . The two-judge Bench has further noted that private hospitals and laboratories have “an important role to play in containing the scale of pandemic by extending philanthropic services in the hour of national crisis”.

. Earlier in the day, as the hearing in the petition filed by Advocate Shashank Deo Sudhi progressed via video conferencing, Justice Ashok Bhushan had suggested if COVID-19 testing could be made free across the country or if a reimbursement mechanism could be drawn so that charges by private labs can be paid by the government.

.Supreme Court asks whether government can reimburse charges for COVID-19 testing charges at private labs. Solicitor General Tushar Mehta , appearing for the government, laid down the reasons why private labs were roped in.

"Almost 15,000 tests are being done by 118 laboratories. This was not sufficient. So private labs had to be roped in for COVID 19 tests. We have involved 47 private laboratory chains. It's a developing situation."

. On March 31, a petition was filed in the Supreme Court seeking a direction to the Centre and authorities concerned to provide free of cost COVID-19 testing facilities for all citizens in the country.

The plea sought a direction to the authorities for ramping up the testing facilities for COVID-19 at the earliest "given the escalating mortality rate across the country".

. The petition had questioned the March 17 advisory of the Indian Council of Medical Research (ICMR), which capped the price for testing of COVID-19 in private hospitals or labs at Rs 4,500. In this regard, the petition states,

"It is extremely difficult for the common citizen to get himself/herself tested in the government hospital/labs and being no alternative in the sight, the people are constrained to pay the capped amount to the private hospital/labs for protecting their lives."

. The plea stated that the impending danger of Coronavirus is extremely serious, given the deprived population of the country, and that testing is the only way to contain the pandemic.

. It also sought a direction for ensuring that all tests relating to COVID-19 are conducted under NABL or ICMR accredited pathological labs..

. While passing the interim order today, the Supreme Court has given the government a time of two weeks to file an affidavit in reply

. [Read the Order]

[Breaking] Make COVID-19 Testing free of cost in government and private labs: Supreme Court (Read Order)

Debayan Roy

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