[Cap on hospital price] "If it works in Kerala, then why can't it work here:" Delhi High Court

The Delhi High Court on Monday queried whether the Kerala government's decision to cap prices on COVID treatment in hospitals can be adopted in Delhi as well. .A Division Bench of Justices Vipin Sanghi and Jasmeet Singh observed that if the same is workable in Kerala, there is no reason why the same can't be implemented in the national capital as well. "If State of Kerala has fixed hospital price, then that model may be looked into it. If it works in Kerala, then why can't it work here," the Bench asked. The remarks were made after certain lawyers apprised the Bench of the Kerala model wherein the State government had capped the price for hospitals treating COVID-19 patients.The decision of the Kerala government had later gotten a stamp of approval by the Kerala High Court as well on May 10..Advocate Rahul Mehra, appearing for the State government submitted that it is wrong on the part of hospitals to reap profits during this pandemic stage."Hospitals are the only institutions doing business and making profits. You should cross-subsidize. You (Hospitals) should give your services for free during this time," he said..Interestingly, Mehra went on to state that putting a COVID-19 patient on the ventilator essentially means reducing his/her chances of recovering from the virus."The numbers speak for themselves. If anyone is put on ventilators, it is less likely that they will return. I have been told something that is why I am calling for that data. The data on how many (covid patients) made it (survived) after placing them on ventilators is shocking"..If this is true, you (State government) as a policymaker should decide on how many ventilators are required, said Justice Sanghi, in response..The hearing on Monday also witnessed discussion on another important aspect - pricing of oxygen concentrators. .The High Court urged the Central government to devise a formula based on which the price of oxygen concentrators can be decided..It observed that people should be able to afford oxygen concentrators during pandemic times."People can't be taken for a ride. They should be able to afford it. Shortage can't be taken advantage of.... Should you ( govt) not think of the end consumer," the Court demanded.The Court emphasised that it was not asking the government to cap the price or fix a ceiling price but only to devise a formula by which prices of these devices can be decided."It cannot be demand and supply, there has to be government intervention, there has to be a ceiling.........We are saying you fix the principle on which it (oxygen concentrators) will be charged, you fix the formula," the Court said..People should be able to afford it, they cant be taken for a ride.Delhi High Court. .Advocate Kirtiman Singh appearing for the Central government said that fixing or prices might not be possible. "Landed price is ultimately determined by the exporter. It is in their hands. If Lordships are suggesting that we fix a price now, because there are different kinds of (Oxygen) concentrators, it is not possible. There are different concentrators with different prices, sizes and names," he said. .Unable to accept this submission, Justice Singh said,"This is not an answer...work around it. We can't throw our hands in the air and say it can't be fixed. How can you say MRP not be fixed," the Court remarked. .Advocate Singh also informed the Court of an advisory informing people on minimum standards of COVID concentrators to be used in Covid care centres..At this stage, the Bench pointed out that this information should be disseminated on a large scale basis amid the pandemic by way of audio visual media. "What to buy, how to use, there should be information. You should come out with these ads. Why is that not happening in these times? Why should you not use audio-visual media?".The matter will be next heard on May 19.