The Supreme Court on Monday modified its interim order where it had said that COVID-19 sample tests conducted at government and private labs should be done free of cost. The court on Monday stated that free testing will be available to persons eligible under Ayushman Bharat scheme and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19. Private labs can continue to charge the payment from people who are able to make payment of the fee as fixed by ICMR, the court said.
“ We make it clear that the benefit of free testing by a person can be availed only when he or she is covered under any scheme like Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana. We are also of the view that looking to the plight of persons belonging to economically weaker sections of the society, the Government may consider as to whether any other categories of persons belonging to economically weaker sections of the society can be extended benefit of free testing of COVID-19,” the Supreme Court bench comprising Justices Ashok Bhushan and Ravindra Bhat stated.
This comes after the Indian Council of Medical Research (ICMR) filed an affidavit, asking that the apex court’s April 8 order be modified since it may be "detrimental to the cause". The court was hearing a plea filed by orthopaedic surgeon Kaushal Kant Mishra who had stated that if the testing is made free for all, private labs will be overburdened financially and slow down. Mishra had said that forcing private entities will 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.
Appearing for the government, Solicitor General Tushar Mehta told the court that currently there are 139 government labs across India where people, irrespective of their economic status, can go and get tested. He added that under the Ayushman Bharat scheme, around 50 crore beneficiaries are eligible to get free testing.
“We started two months ago with one lab. Now, there are 157 labs. You will be amazed at the amount of effort we have put in. Railway coaches have been turned into hospitals, we have taken over private properties.... What to do about private labs can be decided later,” the Solicitor General told the court, adding that everyone can get free testing at the government labs.
The government also told the court that 87% of the total testing done up till now has been done at government labs.
Appreciating the work done by the government and taking note of ICMR’s affidavit, the Supreme Court modified its April 8 order. “The government may issue necessary guidelines for reimbursement of cost of free testing of COVID-19 undertaken by private labs and necessary mechanism to defray expenses and reimbursement to the private labs,” the court said on Monday.
On April 8, the Supreme Court had observed that private labs need to be philanthropic during a national crisis. Prior to this, the government had set Rs 4,500 as the upper limit for private labs to conduct for screening and confirmation tests for COVID-19.
Read SC’s April 8 order: Government, private labs should do COVID-19 tests for free: Supreme Court
(With PTI inputs)