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Disclose hospital fees upfront: Bombay High Court

The court has also suggested that the Association of Hospitals and Medical Insurance companies to come out with new policies to suit patients.

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The Bombay High Court on Wednesday suggested to private hospitals that they discuss a patient's financial condition during the admission process and make him or her aware of the estimated cost of the treatment. This will avoid any payment discrepancies or complications later. This would not be applicable to emergency cases.

A division bench of Justices Naresh Patil and N W Sambre said, "This is a sensitive issue, but some remedy has to come out. If this method is adopted, then a filter can be put in place in the initial stage only. This way, both (patient and the hospital) will benefit; and also, the bond between a patient-doctor will not break."

The court has also suggested that the Association of Hospitals and Medical Insurance companies to come out with new policies to suit patients. "Like we take travel insurance for a month or 15-days, why can't insurance be provided to patients when (s)he enters the hospital, taking into consideration the kind of illness. This would comfort the patient."

Advocate Mankuwar Deshmukh, appearing for the State, argued that a draft policy has been formulated by the government and is yet to be finalized.

To which the court replied, "All stake-holders should come to a consensus and then only proceed." The court has now asked the director of Health Services to file a reply by next month as to what steps it plans to take to regulate hospital treatment charges.

The suggestion came while the court was hearing a public interest litigation filed challenging the purported practice of detainment of patients by hospitals for recovery of dues.

A Kurla resident, 54-year-old Trevor Britto, alleged that Prachin Healthcare Multi-specialty Hospital at Panvel refused to discharge his injured bus driver, Chandrakant Pawar. Another petition is filed by a Santacruz-resident alleged that Seven Hills Hospital at Marol had refused to discharge his brother for not paying disputed dues of Rs 1.80 lakh. Both the hospitals have refuted the allegations.

Court suggests

  • Medical insurance companies invent new short-term policies to suit patients
  • The pre-discussion of treatment fees would not be applicable to emergency cases 
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