HC pulls up HP govt over unpaid dues to private hospitals under PM-JAY

Shimla: The Himachal Pradesh high court has expressed strong displeasure over the state govt's failure to comply with its earlier order to release complete pending payment to at least 23 empanelled private hospitals under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY) and also on the absence of health secretary M Sudha Devi.On the previous date of hearing, the health department had informed the court that over the last two financial years, claims from all private hospitals had accumulated to more than Rs 201 crore. The court had then directed the state govt to clear these bills within two weeks, emphasising that release of petitioners' rightful dues was akin to right to property protected under Article 300(A) of the Constitution.During the resumed hearing on Friday, the bench headed by Justice Jyotsna Rewal Dua observed that despite a detailed order passed earlier, the state govt had not ensured compliance. It also criticised the absence of health secretary M Sudha Devi, who proceeded on leave just a day before the hearing till April 18 without seeking court exemption from appearance. "This practice of proceeding on leave before the hearing of the case, without even moving an application for exemption from appearance when directions in the order have not been complied with, is not expected from a higher-ranking officer," underlined the court.The bench heard the arguments from both sides regarding the functioning of the PM-JAY in the state. It was highlighted that the scheme operates on a 90:10 funding ratio between the Centre and the state. For nearly five lakh registered families in Himachal Pradesh, the Centre's liability stands at approximately Rs 49.71 crore, while the state's share is around Rs 5.52 crore. The court has now directed the Central govt counsel to clarify how payments were handled when treatment costs exceeded the prescribed ceiling, particularly as hospitals claim pending dues.Regarding the Himcare health scheme, the state govt submitted that a vigilance inquiry into empanelled private hospitals had been contemplated by the state govt, is being considered. The court, however, directed the state to furnish comprehensive data on pending and processed bills, reasons for delays or rejections, and complaint details.The matter has been listed for further hearing on April 28, with directions to the health secretary as well as the director health safety and regulation to remain present in the court.