Plea to end hold of in-house pharmacies

The Supreme Court on Monday sought a response from the Centre, states and Union Territories on a PIL alleging patients are compelled to buy medicines from in-house pharmacy stores of hospitals and are prevented from buying them in the open market.

The two-judge bench also issued notice to the Ministry of Health and Family Welfare and the governments of all states and Union Territories.

The PIL filed by a practicing lawyer has contended that patients admitted in private hospitals are being made to suffer considerable financial loss through the forced purchase of drugs from in-house pharmacies. These stores sell drugs at a much higher price than other stores that usually offer discounts over MRP (maximum retail price).

The petitioner has sought directions to the governments to ban this malpractice and protect the interests of the buyers of medicines, medical devices and implants and medical consumables.

The advocate said as of now, "there is no law or policy framework" to prevent the misuse, fleecing and looting by hospitals. The governments have left the people in the unscrupulous hands and regressive regime of the hospitals.

The governments, despite being aware of all these malpractices, have shut their eyes and ignored the interest of the patients which they are bound to protect. These acts are "against humanity, morality and the right of the citizens to live a dignified and respectable life", the petitioner pointed out, adding that it is also obligatory on the part of the governments to provide best and affordable healthcare to the citizens.

The advocate also said the governments should ensure that notice boards are put up at appropriate and prominent places in the hospitals and the hospital pharmacies that the patients and their attendants have the choice to purchase medicines from the vendor of their choice.

The advocate said his wife was suffering from breast cancer and the hospital where she is being treated has given a medicine at an MRP of about Rs 61,132, whereas the medicine manufactured and marketed by the same company is being sold in the open market at a discounted rate of Rs 50,000.

Also, on purchase of four injections, one injection is being given free of cost to the patient, thereby bringing the effective cost to Rs 41,000 for each injection.