Govt inaction may force PHC to set lab test rates

Court expresses concern at govt’s performance in matter

PESHAWAR: With the government unable to regulate rates of various tests conducted by private testing laboratories in the province, a top court suggested that it may be forced to intervene.

This was remarked as a two-member bench of the Peshawar High Court (PHC), comprising Chief Justice Waqar Ahmad Seth and Justice Ahmad Ali, heard a writ petition filed by Saidullah over high prices of medical tests.

During the hearing, the petitioner’s counsel Saifullah Muhammad argued that private laboratories in Khyber-Pakhtunkhwa (K-P) are looting poor patients. He added that the court had fixed the price of a dengue test at Rs350 in 2017, but private testing centres were charging thousands of rupees from patients.

PHC Chief Justice Seth expressed his grave concern over the government's failure to set rates for private diagnostic and testing laboratories in the province.

He went on to remark that if there are set rates for private laboratories, then a nexus exists between doctors sitting in clinics and the laboratories as the doctors refer patients to particular labs and refuse to accept results of other laboratories.

We had demanded that if the K-P Healthcare Commission cannot set the test rate, then we will have to do it, the bench remarked.

However, a counsel for the commission told the court that they do not have the authority to affix rates for private laboratories.

“Do you think you the commission does not have this option,” asked Chief Justice Seth.

CJ Seth asked if doctors were sending patients to specific laboratories for fixed commission.

To this, the commission's counsel told the court that they were acting against all those labs which were violating the commission's rules.

CJ Seth went on to remark that directing patients to get tested from labs with which they have fixed a commission is becoming a business and that they will not let them loot poor and needy patients.

Later, the bench has reserved their judgment.

Published in The Express Tribune, November 14^th, 2019.