NEW DELHI: Five days after ordering free COVID 19 testing by private labs across India, the Supreme Court on Monday modified its order and restricted free testing to patients belonging to economically weaker sections (EWS) and those covered under Ayushman Bharat only.
“Free testing for COVID-19 shall be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19, hereinafter,” a Bench headed by Justice Ashok Bhushan said.
The top court left it to the government to consider if any other categories of the weaker sections of the society e.g. workers belonging to low income groups in the informal sectors, beneficiaries of Direct Benefit Transfer, etc., were also eligible for the benefit of free testing and issue appropriate guidelines in the above regard within a week.
“The private labs can continue to charge the payment (Rs 4,500) for testing of COVID-19 from persons who are able to make payment of testing fee as fixed by ICMR,” it said.
The Bench directed the Ministry of Health and Family Welfare to 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 them.
It asked the Centre to give appropriate publicity to the order and its guidelines to ensure coverage to all those eligible persons.
As the number of COVID-19 cases keep rising despite a nationwide lockdown to prevent its spread, the Supreme Court had on April 8 ordered the Centre to ensure that all tests were conducted free of cost by both government and private laboratories.
Acting on a PIL filed by advocate Shashank Deo Sudhi, It had ordered the government to issue necessary directions in this regard immediately.
A Delhi-based doctor had requested the top court to modify its free COVID19 testing order, saying it will “disincentivise” private labs from functioning.
“At a time when testing across the country has to be ramped up and the nation enters the most critical phase, the private labs have been burdened with offering free testing, ignoring the fact that the few pathogen labs which are well equipped at the time of the disaster would be actually disincentivised to continue to function,” he submitted.