HYDERABAD: The Telangana High Court has made it clear that private hospitals allotted public land at concessional rates are legally bound to provide free treatment to poor patients. Granting immediate relief to a breast cancer patient, Justice NV Shravan Kumar directed the Basavatarakam Indo-American Cancer Hospital and Research Institute to admit her under its mandatory 25% free inpatient quota and provide treatment without charging any fee.
The interim order came on a writ petition filed by Bale Bhagyamma, a widow from Manala village in Malyala mandal of Jagtial district. She challenged the hospital’s refusal to provide free treatment under GOMs No. 434, Revenue (Assignment-III) Department, dated May 26, 1989, and GOMs No. 80, Health, Medical and Family Welfare Department, dated July 16, 2022.
Bhagyamma, who is suffering from breast cancer, was referred to the hospital by doctors in Karimnagar for specialised treatment. However, the hospital allegedly informed her that her illness was not covered under the Aarogyasri scheme and that she would have to bear the treatment costs. After receiving no response to her representation dated July 15, she approached the high court.
Counsel for the petitioner argued that the claim was not based on the Aarogyasri scheme but on the hospital’s statutory obligation arising from the concessional allotment of about 7.35 acres of government land in Banjara Hills to the Nandamuri Basavataraka Rama Rao Memorial Cancer Foundation.
They submitted that the land allotment required the hospital to reserve 25% of inpatient beds and 40% of outpatient services for free treatment of poor patients, while GOMs No. 80 established a mechanism to monitor compliance.
Taking note of the petitioner’s medical condition, the court observed that any delay in treatment could have serious consequences. It directed the hospital to immediately admit her and provide all necessary treatment, including consultations, diagnostic tests, chemotherapy, surgery, radiotherapy, medicines and inpatient care, under the mandatory free treatment quota.
The court also directed the District Medical and Health Officer, Hyderabad, to monitor the petitioner’s treatment and submit a report on whether Basavatarakam Hospital and the other respondent hospital were complying with the obligations under the two government orders. The matter has been posted for further hearing on July 23.