The Chief Justice on July 14 said the cost of medical treatment should not act as a deterrent against access to medical care particularly in the present times (the ongoing COVID-19 pandemic) and that no one should be turned away from the doors of the healthcare institutes because the cost of treatment is too high.

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A bench headed by the Chief Justice and comprising two Justices said the court would not regulate the cost of COVID-19 treatment, as facts vary from one state to another, and asked health ministry officials to convene a meeting with PIL petitioners and explore if some guidelines can be issued to the state governments.

The observations from the top court came during the hearing of a PIL by an advocate, who argued that private hospitals, given land free of cost, should not charge heavily for the treatment of COVID-19 patients. The bench noted that it is not possible to determine or lay down the cost of medical care throughout the country through this court. "If one state has adopted a good model then could it be adapted by other states," observed Chief Justice.

The Solicitor General, representing Centre, informed the bench that a high-level committee has been constituted to look into the issue. "We are equally taking care of it," he contended. The Chief Justice said these are matters of far reaching repercussions after he insisted to put across his point in an 'out of turn' action during the hearing through video conferencing.

The Senior advocate, representing hospitals federation, argued that every state has its own model, and it is not possible to have one rate for all states. "In Gujarat consensual cap pricing (on the treatment of COVID-19 patients); in Tamil Nadu 20 percent treated free of cost, each state is trying to work its own model," he added.

The Chief Justice replied that people closest to the problem should take decisions. He argued that he has urged the top court to regulate the cost and not sought directions for free treatment for COVID-19 patients. "Patients being charged with exorbitant costs Rs 20 to Rs 25 lakh," he argued. The Chief Justice replied that regulating the cost of treatment is a valid point, but, citing contentions of the advocates, insisted circumstances in every state is different, and the court shares the concern of the petitioner.

He informed the bench a decision on the matter will be taken within one week. He contended before the bench that it is easy to demonize the healthcare institution, and cited the enormous staff cost hospitals bear. Staff salaries are doubled -- as they work for 15 days and off for 15 days -- and COVID treatment is not certain, therefore a blanket order may not address the situation, he added.