The Supreme Court on Monday modified its April 8 order that had directed free Covid-19 tests at private labs for all suspected patients, clarifying that the directive was meant only for those who cannot afford the cost of Rs 4,500 per test.
The modification came after private labs contested the five-day-old interim directive and the central government supported their cause.
“The order dated 08.04.2020 intended to make testing in private labs of Covid-19 free for economically weaker sections of society who were unable to afford the payment,” the bench of Justices Ashok Bhushan and Ravindra Bhat said in a written order on Monday.
“We further clarify that the order never intended to make testing free for those who can afford the payment....”
The bench clarified that only those covered by the government’s Ayushman Bharat health insurance scheme would be entitled to free Covid-19 testing at private labs, but nudged the government to consider extending the benefit to poor people not covered by the scheme. It suggested the government issue guidelines on this within a week.
“The benefit of free (Covid-19) testing by a person can be availed only when he or she is covered under any scheme like Ayushman Bharat Pradhan Mantri Jan Arogya Yojana,” the court said.
“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.”
However, the court left the matter to the executive, saying: “We are conscious that framing of the scheme and its implementation are in the government domain, who are the best experts in such matters.”
Earlier, Shashank Deo Sudhi, on whose petition the court had passed the April 8 order, had argued that large sections of the population were unable to afford the cost of the Covid-19 tests. The Indian Council of Medical Research has set the cost of a Covid-19 test at a private lab at Rs 4,500.
Sudhi said the government hospitals, which are offering free coronavirus tests, are overcrowded — therefore poor people should have the option of free Covid-19 tests at private labs.
The court was dealing with intervention applications from private labs, a medical practitioner from Vasant Kunj in Delhi, and solicitor-general Tushar Mehta representing the Centre.
They all pleaded that the April 8 order be modified, else Covid-19 testing would make it financially unviable to operate private labs.
Mehta said about 10.7 crore poor and vulnerable families — that is, approximately 50 crore people — were covered under Ayushman Bharat and they are entitled to free Covid-19 tests even in private labs.
The court order said the private labs can continue to bill those who can afford to pay for Covid-19 tests.
It asked the government to issue guidelines for reimbursing private labs for the free Covid-19 tests they undertake.
It also said the government should give publicity to the court order and its own guidelines relating to it.