We just received this note from Sai Deepak, an advocate at the Delhi High Court and a contributor at Spicy IP, on the Delhi HC’s comments directed at Insurance Companies stopping the cashless treatment facility unilaterally for individual patients/policy holders. The observations were made by Justice Muralidhar on a Writ Petition filed by an individual policy holder, who had Stage IV cancer. For a primer on the controversy, read this piece from ToI.
A Writ Petition filed by an Individual Policy Holder before the Delhi High Court on 29th July 2010 came up for hearing on 30th July 2010, before Hon’ble Mr.Justice S. Muralidhar. The Hon’ble Court while issuing notices to IRDA, The Oriental Insurance Co. Ltd. And Genins India Ltd. (Third Party Administrator), slammed IRDA for washing its hands off the issue. The Court further went onto categorically state that when people were dying of serious diseases, the government & insurance agencies are busy holding talks with no mechanismin place for the payment for the treatment of these patients. The case involved a patient suffering from stage IV Cancer who was refused cashless treatment at one of the finest Cancer Hospitals in Delhi. While on the one hand, PSUs have declared that they have stopped cashless treatment, it was concealed that cashless treatment had been stopped unilaterally and without sufficient prior notice for individual policy holders only. Corporate Policy Holders can still avail the cashless facility. The matter has been adjourned for a short date.
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