The Supreme Court on Monday indicated that it might be modifying its earlier order on free tests to include those only covered by the Ayushman Bharat Yojana. In an order last week, the SC had asked all private labs to offer the COVID-19 test free for all.
The provision to include only the Ayushman Bharat card holders for free tests in private labs was suggested to the court by Solicitor General Tushar Mehta as the apex court took up a plea challenging the earlier order on Monday. "A scheme can be formulated for other BPL (Below Poverty Line) categories," Mehta said on behalf of the government.
While the Supreme Court order on April 8 was seen as a move to put curbs on overcharging by private labs amid a healthcare crisis, an orthopaedic surgeon had approached the court saying if the testing is made free for all, private labs will be overburdened financially and slow down.
As it heard the petition on Monday, the Supreme Court said the Ayushman Bharat Yojana card holders will get free testing even at private labs. The government can formulate a scheme regarding what needs to be done for others, it added.
Dr Kaushal Kant Mishra, in his petition, urged the court to allow private labs to do COVID-19 testing “as per the rates stipulated in the ICMR Advisory dated March 17”. He, however, said the labs can do the testing for the EWS categories with immediate reimbursement by the government.
The senior surgeon has also sought a direction to the authorities to "forthwith set up testing labs in all municipalities and panchayat areas".
Issuing the no-charge order, the apex court had observed that private labs need to be philanthropic during a national crisis. Prior to this, the government allowed some private labs to charge Rs 4,500 for screening and confirmation tests for COVID-19.
Mishra’s plea said the apex court’s order has “disincentivised” the labs to continue to function “at a time when testing across the country has to be ramped up”.
"In the UK, private labs are charging as much as $425 per test, which is equal to Rs 32,500," the plea said. It said forcing private entities shall create a sharp dip in an “already below par testing rate for COVID-19” and if the government does not provide immediate reimbursement, there is a real risk that the private labs may stop testing for COVID-19.
"The message that has been sent out by the WHO Chief as early as the middle of March is to ''test, test, test’... All countries should be able to test all suspected cases, they cannot fight this pandemic blindfolded," it said.
