'Employee Is Entitled To Medical Reimbursement In Case Of Emergency Even If Hospital Isn't Empanelled Under Any Scheme', Delhi High Court
3 months ago

'Employee Is Entitled To Medical Reimbursement In Case Of Emergency Even If Hospital Isn't Empanelled Under Any Scheme', Delhi High Court

Live Law  

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that the Petitioner was entitled to claim medical reimbursement even if the hospital was not the one empanelled under CGHS in case the admission to such hospital was done during an emergency. Contentions of Respondents: The Counsel for the DoE submitted that there were several hospitals empanelled under CGHS but the Petitioner did not approach those during the medical emergency and therefore she could not claim reimbursement. The Court considered the circumstances of the Petitioner and held that since the Petitioner had to be admitted in a hospital in emergency, the Respondents could therefore not deny the medical reimbursement on the ground that Petitioner did not take treatment from a hospital empanelled under the CGHS Scheme. Another decision of the Delhi High Court in Union of India and Another v. Joginder Singh, 2023 SCC OnLine Del 2707 was cited, wherein the Court had held, 'The medical claim for treatment undertaken in emergency should not be denied for reimbursement merely because the hospital is not empanelled.

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History of this topic

Madras HC directs insurance company to pay medical reimbursement to teacher
2 months, 1 week ago

Madras HC directs insurance company to pay medical reimbursement to teacher

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently directed an insurance company to pay Rs 1.22 lakh medical reimbursement to a corporation school teacher after the same was rejected by the company stating that she undertook treatment in a non-network hospital. However, pursuant to a direction from the high court, her claim was reconsidered by the district level …

'Employee Is Entitled To Medical Reimbursement In Case Of Emergency Even If Hospital Isn't Empanelled Under Any Scheme', Delhi High Court
3 months ago

'Employee Is Entitled To Medical Reimbursement In Case Of Emergency Even If Hospital Isn't Empanelled Under Any Scheme', Delhi High Court

Live Law  

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that the Petitioner was entitled to claim medical reimbursement even if the hospital was not the one empanelled under CGHS in case the admission to such hospital was done during an emergency. Contentions of Respondents: The Counsel for the DoE submitted that there were several hospitals …

Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court
10 months, 1 week ago

Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court

Live Law  

A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer Background Facts P.T. 20,000 Findings of the …

Central Government Pensioner Not Entitled To Medical Reimbursement Beyond CGHS Rates When No Referral Memo Obtained: Bombay High Court
1 year, 8 months ago

Central Government Pensioner Not Entitled To Medical Reimbursement Beyond CGHS Rates When No Referral Memo Obtained: Bombay High Court

Live Law  

The Bombay High Court recently held that a retired central government employee, who did not obtain prior approval for treatment, is not entitled to medical reimbursement above Central Government Health Scheme rates. A division bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep V Marne dismissed a widow’s writ petition seeking reimbursement for the entire medical expenses incurred in …

Govt Employee Should Not Be Denied Medical Reimbursement For Emergency Treatment Merely Due To Non-Empanelment Of Hospital: Delhi High Court
1 year, 10 months ago

Govt Employee Should Not Be Denied Medical Reimbursement For Emergency Treatment Merely Due To Non-Empanelment Of Hospital: Delhi High Court

Live Law  

The Delhi High Court has ruled that the medical claim of a government employee for reimbursement of treatment undertaken in emergency should not be denied merely because the hospital was not empanelled with CGHS facility.A division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta observed that the test would be to see whether the claimant had actually …

State Can't Deny Medical Reimbursement On Ground That Hospital Charged Amount Exceeding Approved Rates: Delhi High Court
2 years, 2 months ago

State Can't Deny Medical Reimbursement On Ground That Hospital Charged Amount Exceeding Approved Rates: Delhi High Court

Live Law  

The Delhi High Court has ruled that reimbursement of medical expenses under Central Government Rules, 1944 cannot be denied on the ground that the hospital charged an amount in excess of the approved rates, in a case where the patient is referred to such hospital. Expressing dismay at how a petition seeking reimbursement of only Rs 51, 824 remained pending …

'Rules Condone A Situation Where Patient Avails Emergency Treatment In Non-Empanelled Hospital': Kerala HC On Reimbursement Claim In Liver Transplant Case
2 years, 4 months ago

'Rules Condone A Situation Where Patient Avails Emergency Treatment In Non-Empanelled Hospital': Kerala HC On Reimbursement Claim In Liver Transplant Case

Live Law  

The Kerala High Court recently directed the state government to reconsider its decision in a case where an application for reimbursement was rejected because Apollo Hospital, where the patient had gone for treatment in 2011, was a non-recognized hospital under the Medical Reimbursement Scheme and no prior permission had been obtained for availing the treatment there.Justice Devan. The Kerala High …

Medical Reimbursement Guaranteed Under Right To Life: Gujarat High Court Provides Relief To Retd. Teacher Of Grant-In-Aid Primary School
2 years, 7 months ago

Medical Reimbursement Guaranteed Under Right To Life: Gujarat High Court Provides Relief To Retd. Teacher Of Grant-In-Aid Primary School

Live Law  

The Gujarat High Court has directed the State authorities to reimburse the medical expenses for the pacemaker implantation undergone by a retired primary school teacher, observing that medical reimbursement is a right guaranteed as a right to life.The Bench of Justice Biren Vaishnav held that the Petitioner would be entitled to reimbursement under Gujarat Civil Service. The Gujarat High Court …

Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates
2 years, 7 months ago

Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court has reiterated that a Government employee is entitled to avail the benefits of medical facilities without any fetters, and that their claim for reimbursement should not be denied by the State mechanically.The Bench of Justice Biren Vaishnav extensively relied on the decision of a Coordinate Bench in Chanrakant Kantilal Dave v. State of Gujarat to order …

'Poorest Position': Delhi High Court On MCD's Affidavit In Plea For Cashless Medical Services To Retired Employees
3 years, 3 months ago

'Poorest Position': Delhi High Court On MCD's Affidavit In Plea For Cashless Medical Services To Retired Employees

Live Law  

The Delhi High Court today expressed displeasure at the counter affidavit filed by the Municipal Corporation of Delhi in response to a plea seeking 'cashless medical services' for its retired employees, who have deposited the subscription fees for this purpose.The petition filed by Akhil Dilli Prathnim Shikshak Sangh prayed that instead of the prevalent arrangement wherein a retired employee. The …

Implementation Of Compensation Schemes To Families For Deaths Due To Oxygen Shortage: Delhi High Court Asks Centre, Delhi Govt To File Reply
3 years, 7 months ago

Implementation Of Compensation Schemes To Families For Deaths Due To Oxygen Shortage: Delhi High Court Asks Centre, Delhi Govt To File Reply

Live Law  

The Delhi High Court on Thursday asked the Centre and the Delhi Government to file reply in the plea moved two minors, who lost their sole bread-earning parent to Covid-19 allegedly due to deficient supply of oxygen at Jaipur Golden Hospital seeking directions to expeditiously implement proposed schemes of compensation for the families of victims who lost their lives due …

Delhi HC Rejects Plea Seeking Court To Prevent Private Hospitals From Charging Exorbitant Fee For COVID19 Treatment
4 years, 9 months ago

Delhi HC Rejects Plea Seeking Court To Prevent Private Hospitals From Charging Exorbitant Fee For COVID19 Treatment

Live Law  

Delhi High Court has refused to issue directions in a plea seeking court's intervention in preventing private hospitals from charging exorbitant fee for COVID19 treatment. Filed by Advocate Amit Sahni, the petition sought court's directions for preventing private COVID facilities from charging exorbitant prices from the patients. The Petitioner further sought directions to ensure that those who require immediate medical …

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