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HC pulls up Hry for no action against Fortis

November 19, 2018 06:32 AM

COURTESY TOI NOV 19

HC pulls up Hry for no action against Fortis
Ajay.Sura@timesgroup.com

Chandigarh:

The Punjab and Haryana high court has directed the Haryana government to take coercive action against the Fortis hospital for overcharging a state government employee for stent in 2015.


“Strangely enough, the state having observed that Fortis Hospital has over-charged the price of stents fixed by the government, is still continuing to keep and maintain the said hospital on the panel. It was certainly a serious complaint against the hospital by an employee who had undergone medical treatment from the empanelled hospital as per guidelines of the state. It was for the Haryana government to take up the matter with Fortis and to take corrective steps so that similarly situated employees may not have to suffer in such extreme emergent cases,” observed Justice Shekher Dhawan of the high court while directing the state to take immediate action.

Justice Dhawan has passed these orders while allowing a

petition filed by Dharamvir Suhag, a Haryana government employee from Panchkula.

The high court has also directed the Haryana government to reimburse Rs 1.6 lakh to the petitioner within a period of two months along with 9% interest.

Petitioner moved court after govt rejected claim

The petitioner had to make total payment of Rs 3,74,544 for his treatment, but was reimbursed only Rs 2,15,187, leaving him with a shortfall of Rs 1.6 lakh.

The Haryana government reimbursed only Rs 65,000 for each stent. His claim for Rs 1.6 lakh was rejected by the state on June 17, 2015 after which he moved the high court. Counsel for the petitioner, Sumeet Sangwan informed the high court that the petitioner got the medical treatment under compelling circumstances from panel hospital and as per the package approved by the state government, the entire medical expenses incurred by the petitioner were to be reimbursed.

Sangwan also referred to August 6, 2013 guidelines issued by the health department for implementation of package rates, according to which the empanelled hospitals were to charge an employee as per the fixed package charges and the same would be fully reimbursable to the employees/pensioners and their dependents.

The Haryana government responded that payment of Rs 1.30 lakh for two stents was made to the petitioner as per the instruction/policy of the health department.

However, during the hearing of the case on August 11, 2017, Dr Vijay Garg, director health service, Panchkula filed an affidavit admitting that Fortis had overcharged the price of stent fixed by the state government.

Hearing all the parties, the high court directed Haryana to reimburse Rs 1.6 lakh to the petitioner and to “take corrective steps qua empanelment of Fortis Hospital, expeditiously.”

 

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