Delhi High Court rulings: Implementing and curing the defects in the current Medical system to avail financial assistance.

CASE TITTLE: SARVESH. V. ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS.

CASE NO:W.P.(C) 5188/2014

ORDER ON:10th May, 2024

QUORUM: JUSTICE MANMEET PRITAM SINGH ARORA

FACTS OF THE CASE:

The Present writ petition in question  has been filed by the Petitioner seeking a Direction to the Respondents to perform the hip and knee replacement Surgery on free of cost to the petitioner. During the pendency of the present writ petition, the learned Predecessor Division Bench had constituted a Committee to devise Recommendations for alleviating and curing the defects in the current Medical system to avail financial assistance.

RECOMENDATIONS OF THE COMMITTEE (summary)

  1. Website for each and every Government hospital of Delhi may be upgraded for real time updates on available medicine, implants Similarly All Public hospitals Must ensure the Electronic Display System accessible to visitors/patients
  2. To appoint Nodal Officer for all hospitals of Delhi Government hospital to  ensure all the due requisite Required for availing financial assistance.
  3. To implement Single window mechanism for the convenience of patients in all Hospitals of Delhi.
  4. The develop the software with the help of NIC (as recommended above) For Delhi Arogya kosh also so that details will be available and repeated Patient/beneficiary appearance can be avoided. Similarlyto extend the RAN IT platform to Delhi Government hospitals and MCD hospitals.
  5. To utilize E-office in  all the Hospitals and E-file for the concerned patient can be prepared from the Hospital itself with all the requisites as per schemes and transferred to Concerned DAK/RAN offices, till the time the software is developed, This will expedite the process and also help in Maintaining transparency.
  6. To start immediately the process of preparing rate card through CPA for fixing of rates of all Types of equipment’s (including implants, medicines) for the diseases covered under Scheme as well as for all types of treatment. The process may be completed in 3 months.
  7.  The committee further reports that there  may still be certain medicines/consumables etc which are not part of Essential drug list and rate card is not available for these, hospital/institute it Shall continue to procure these locally through their procurement system Following the GFR guidelines and the committee further reports t Secretary hat the funds can be obtain from their own Allocated budget for EWS patients or funds can be taken from the DAK/RAN.As there is no role of patient/ its relative in the procurement, they shall not be Called upon to do under any circumstances.

COURTS ANALYSIS AND JUDGEMENT:

The Court on considering the report Accepts the recommendations made by the Committee constituted by this Court in the present writ petition and directs the Chief, GNCTD to Oversee the implementation of the recommendations of the said committee, the court further with the view to ensure the implementation of the said recommendations, Directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and further directed to report the action taken and filed by the Chief Secretary, GNCTD on or before 15th October, 2024.

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judgenment reviewed by:Sowmya.R

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