A PIL was filed in the Delhi High Court seeking direction to Delhi government to constitute a committee of experts to cap the rates chargeable by private hospitals for COVID-19 treatment and fix the maximum retail prices for all COVID-19 related hospital services and PPE kits.

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The petition filed by Shree Ji Sewa Sanstha also sought to immediately constitute a committee of experts to decide and fix the maximum retail prices for all COVID-19 related hospital services, PPE kits and other equipment within a period of seven days from the date of the order of this court. The petition was filed by NGO through the three advocates.

The petitioner has highlighted how Tamil Nadu and Maharashtra have already capped the prices of Private Hospitals and PPE kits already in the first week of June itself but Delhi Government has still not done the same. The NGO has pointed out that the Delhi Government has delayed the use of its executive powers under the NDMA Act and the Epidemic Diseases Act. Therefore, the NGO has approached the Delhi High Court, to issue direction to the Delhi Govt to use their executive powers and cap the prices as soon as possible.

The NGO has sought setting aside of the Delhi Government's Directorate General of Health Services and Health & Family Welfare Department Order's dated May 9, May 24 and May 29, regarding billing of COVID-19 patients insofar as it allows private hospitals to charge for COVID-19 treatment as per their scheduled rates. The petitioner told the court that these Orders are in violation of the Fundamental Right to equality and the right to life under Article 14 and Article 21 of the Constitution of India, respectively.

The Petitioner claimed to be a Delhi based NGO with a central theme of "Benevolence for Humanity" and conducts multiple projects to help underprivileged children, old and destitute people and patients of serious diseases in Delhi. Delhi Govt has declared certain private hospitals as COVID hospitals and directed 117 private hospitals to reserve at least 20 percent of their total bed strength for COVID19 patients, but allowed these hospitals to continue billing at their scheduled rates, the petitioner said.

The government also passed an Order requisitioning certain hotels as extended COVID hospitals for identified private hospitals and directed that treatment for patients in these hotels would be billed as per the hospital's schedule rates. Despite these measures, there has been a lack of availability of medical treatment for COVID-19 patients due to inadequate hospital beds and a lack of affordability for treatment in private hospitals, the petitioner said. "Due to the discretion given to private hospitals under the above-mentioned Orders, private hospitals have engaged in undue profiteering and charge exorbitant rates for treatment of COVID-19. This practice of excessive billing of COVID-19 patients has remained unregulated by the Government of NCT of Delhi and hence, private hospitals are no longer an option for treatment for a large segment of society," the petition read.

"These orders have led to a discrimination inasmuch as only the patients from the affluent sections of society are in a position to get proper medical treatment in hospitals while other patients do not have access to essential medical care due to lack of COVID-19 beds in government hospitals and unaffordability of treatment in private hospitals," read the petition.