Himachal Pradesh High Court Expresses Strong Displeasure Over Unpaid Hospital Bills
The Himachal Pradesh High Court has voiced significant dissatisfaction with the state government's failure to comply with its directive to release complete pending payments to at least 23 empanelled private hospitals under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY). The court also expressed concern over the absence of Health Secretary M Sudha Devi during the hearing.
Substantial Financial Liabilities Revealed
During previous proceedings, the health department disclosed that claims from private hospitals had accumulated to more than Rs 201 crore over the last two financial years. In response, the court had ordered the state government to clear these outstanding bills within two weeks, emphasizing that the release of petitioners' rightful dues constituted a fundamental right to property protected under Article 300(A) of the Indian Constitution.
Non-Compliance and Official Absence Criticized
During the resumed hearing on Friday, a bench headed by Justice Jyotsna Rewal Dua observed that despite a detailed order issued earlier, the state government had failed to ensure compliance. The court particularly criticized Health Secretary M Sudha Devi for proceeding on leave from April 17 to April 18 without seeking exemption from court appearance, especially when previous directives remained unfulfilled.
"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," the court underlined in its remarks.
PM-JAY Funding Structure and Operational Challenges
The bench heard arguments from both sides regarding the implementation of the PM-JAY scheme in Himachal Pradesh. It was highlighted that the scheme operates on a 90:10 funding ratio between the central and state governments. For nearly five lakh registered families in the state, the central government's liability stands at approximately Rs 49.71 crore, while the state's share amounts to around Rs 5.52 crore.
The court has now directed the central government counsel to clarify how payments are handled when treatment costs exceed prescribed ceilings, particularly as hospitals continue to claim substantial pending dues.
Vigilance Inquiry and Data Submission Requirements
Regarding the Himcare health scheme, the state government submitted that a vigilance inquiry into empanelled private hospitals was being considered. However, the court directed the state to provide comprehensive data including:
- Detailed information on pending and processed bills
- Specific reasons for payment delays or rejections
- Complete complaint details from affected hospitals
Future Proceedings and Attendance Mandates
The matter has been scheduled for further hearing on April 28, with explicit directions requiring the presence of both Health Secretary M Sudha Devi and the Director of Health Safety and Regulation in court. This ensures direct accountability and facilitates immediate resolution of the payment crisis affecting healthcare delivery across the state.
The court's firm stance underscores the critical importance of timely financial settlements in maintaining functional healthcare infrastructure, particularly under national health insurance schemes designed to provide accessible medical services to vulnerable populations.
