Referrals from public to private hospitals | Suggest better execution method for AB-PMJAY, SEHAT schemes: CAT to Govt

Srinagar, Nov 5: The Central Administrative Tribunal (CAT) has directed the government to come up with suggestions for better implementation and monitoring of schemes like AB-PMJAY and SEHAT, which, it said, were particularly meant for the poor and needy.

A bench of M S Latif Member (J) said this while directing the committee constituted by the government in August last year to conclude the inquiry against two medicos who allegedly referred patients from public to private hospitals for availing treatment under AB-PMJAY and SEHAT schemes in Kashmir.

The tribunal also expected that the authorities would periodically monitor the schemes with a sense that “it is ultimately patient care which has to be upheld concomitantly with the rule of law to which nobody is above”.

The court directed its Registry to serve a copy of the judgment upon J&K’s Commissioner Secretary, Health and Medical Education, Principal, Government Medical College, Srinagar, Director, Health Services, Kashmir, Mission Director National Health Mission, J&K.

Notably, the committee constituted by the government on August 11 last year was tasked to conduct an in-depth inquiry into the referral of patients by doctors from public to private hospitals for availing treatment and other benefits under AB-PMJAY and SEHAT schemes.

In their plea before the tribunal, the accused medicos are seeking direction to the authorities to allow them to perform private practice following the law without any restraint or hindrance.

These doctors have been banned from doing private practice pending an inquiry against them.

Miffed over the delay in concluding the inquiry, the court confronted the counsel representing the government as to what the recommendations of the committee constituted on August 8, 2022, were.

"May be the committee is short of time as they are more occupied in other administrative work or they are not interested in concluding the inquiry,” the court said. “It is more than a year, the inquiry is hanging fire.”

The court directed the panel to conclude the inquiry against the two medicos within two weeks, saying the same ought to have been concluded as 14 months had elapsed now.

“The allegations levelled against the petitioners have far-reaching consequences affecting the society. Everybody cannot afford private hospitals for which the government has benefited the poor, needy patients of various schemes like AB-PMJAY and SEHAT schemes which ultimately have to be beneficial for the poor ailing patients,” the court observed.

It also observed that the doctor, who takes an oath to serve humanity, has a divine duty towards society.

“They are governed by the principles of professional ethics,” the court said.

It observed: “Society expects a doctor to be a warrior in the war field who is not supposed to discriminate between rich and poor, his only concern has to be patient care irrespective of to what class, colour, sex, or creed a patient belongs.”