Insurance Companies to communicate decision on authorization for cashless treatment for COVID-19 claims within 60 minutes
Sai Krishna Muthyanolla
May 5, 2021
In this roundup court judgements, we look at constitutional courts’ remarks on various aspects of the COVID-19 crisis such as oxygen shortage at hospitals, non-availability of medicines, and coercive actions against SOS calls. We also look at apex court directions on how the testimony of a person with a disability cannot be considered weak or inferior and directions to Insurance companies to communicate the decision on authorization for cashless treatment for COVID-19 claims within 60 minutes.
Supreme Court: Don’t Clampdown on Citizens’ SOS Calls for Medical Help through Social Media
In taking suo moto cognizance of the present COVID-19 situation in the country, the supreme court issued a set of recommendations and directed the state and central governments to act in an efficient and inclusive manner.
Taking note of the unprecedented humanitarian crisis in the country, following the outbreak of the COVID-19 pandemic, the apex court issued notices to the Union Government, State Governments, and Union Territories. To increase the availability of oxygen and ensure transparency of demand-supply management, the court directed the Central Government to consider the following suggestions:
Further, the apex court directed the Central Government to clarify the following issues in order to ensure the protection of the fundamental rights to equality and to life and personal liberty for all persons who are eligible to take the vaccine from 01 May 2021:
The court also took notice of the fact that several critical drugs, used to treat COVID-19, such as Remdesivir and Tocilizumab, are being sold at significantly inflated prices or in fake form. In order to clamp down on this practice, the judgement recommends that the Central Government can consider constituting a special team to identify and prosecute those who: (a) sell medical grade oxygen/COVID-19 medicines at exorbitant prices; and (b) sell fake substances and recover the concerning substances. A protocol for ambulances must also be evolved to avoid citizens being exploited by extracting unconscionable charges. The Central Government can consider creating a platform for easy reporting and redressal of such cases.
The court also expressed deep regret that individuals seeking help on social media platforms have been targeted, by alleging that the information posted by them is false and has only been posted on social media to create panic, defame the administration or damage the “national image”. The apex court directed the Central Government and State Governments to ensure that they immediately cease any direct or indirect threats of prosecution and arrest to citizens who air grievances or those that are attempting to help fellow citizens receive medical aid. The court also instructed that all Directors General of Police shall ensure compliance down the ranks of the police forces within their jurisdictions.
Supreme Court: Testimony of a prosecutrix with a disability, or of a disabled witness, cannot be considered weak or inferior.
In the case Patan Jamal Vali vs. State of Andhra Pradesh, the apex court issued guidelines to make criminal justice system more disabled-friendly.
While hearing an appeal filed by the sole accused tried for the offence of sexual violence against a woman with a disability, the court strongly affirmed that the testimony of a prosecutrix with a disability, or of a disabled witness for that matter, cannot be considered weak or inferior, only because such an individual interacts with the world in a different manner, vis-à-vis their able-bodied counterparts.
The judgement noted that work still needs to be done in order to make our criminal justice system more disabled-friendly and issued the following guidelines:
Delhi HC: Insurance companies to communicate their approvals to the concerned hospitals within 30-60 minutes.
In pursuance of important COVID-19 related matters, the Delhi high court also directed the Insurance Regulatory and Development Authority of India (IRDAI) to issue immediate instructions to insurance companies/their agents to ensure no delay in giving approvals for discharge of COVID-19 patients who are covered by insurance policies.
The judgement emphasises on the following instructions to be followed by insurance companies:
Following these directions, the IRDAI has also issued relevant norms to all the insurance providers.
The judgement also took note of the shortage of Remdesivir and the struggle of the general public to find hospital beds in time. The high court issued a slew of directions and instructed the state government to develop an online portal, providing information on the availability of vacant beds capable of providing oxygen treatment. Observing that the portal is being developed, the high court directed that instead of routing all the drugs through the hospitals or other medical establishments, the patient/family member/attendant of the patient should be allowed to put in a request in the portal for obtaining the Remdesivir, along with the following details:
In dealing with another set of pleas concerning oxygen shortage of hospitals, the high court directed the state government to file an affidavit providing the status of liquid and gaseous oxygen and refillers and also directed the oxygen refillers to provide data on the government’s portal. The bench also orally observed that “We will also have to compensate these people for dying due to lack of oxygen. It’s the responsibility of the State.”
Featured Image: Important Court Judgements