Reimbursement of Medical Expenses Under the ESI Act
There is a provision for the reimbursement of medical expenses under the ESI Act where an insured person or dependent has availed medical treatment in a private hospital without being referred by an ESI medical officer.
Reimbursement of Expenses Incurred in Respect of Medical Treatment Under Regulation-96 A
Regulation-96 A reads as follows: Claims for reimbursement of expenses incurred in respect of medical treatment of an insured person (IP) and their family may be accepted in circumstances and subject to such conditions as the Corporation may, by general or special order, specify.
The following conditions have been laid down under this Regulation:
- Full authority is vested with the State Government concerned to reimburse expenditure in respect of medical treatment of the IP and their family.
- It may be left to the discretion of the State Government to decide the authority within their machinery who will approve the expenditure in question.
- The time limit for submission of the claims for reimbursement is one year.
The State Government has to keep in view the following points while considering the cases of reimbursement of expenditure on medical care:
- Whether such facilities for which reimbursement is recommended are not available within the State.
- Whether the hospital where the IP was sent or proposed to be sent was/is the nearest hospital having the required facilities/services.
List of Types of Cases for Which Reimbursement is Permitted
1. Reimbursement is permissible in case of failure of the mobile dispensary van due to technical defects or otherwise to adhere to its scheduled timings, or where an IP attached to such a dispensary sustained serious injuries or suffered from serious illness during off-hours of the dispensary.
2. IPs and their family members had to resort to private treatment during the off-hours of the ESI dispensary/Emergency Centre due to unavoidable circumstances.
3. Medicines prescribed by an IMO/Specialist were out of stock in the ESI Dispensary/Approved Chemist, thereby compelling the IPs to make purchases from the market.
4. Medicines prescribed by a Specialist and not provided by the IMO/IMP, where the specialist considered such special medicines absolutely necessary for the treatment of the beneficiaries as no substitute medicine was considered equally efficacious, whether as an outpatient or inpatient.
5. Special appliances prescribed by a Specialist such as spinal supports, cervical collars, walking calipers, and crutches, etc., if considered necessary as part of the treatment.
6. Where an IMO/IMP failed to make a domiciliary visit requested by an IP, thereby compelling the IP to make private arrangements for treatment. Under the panel system, such cost is recoverable from the IMP if recommended after investigation by the Medical Service Committee.
7. Serious cases of accident or illness admitted directly into recognized hospitals where, owing to the clinical condition of the patient, being unconscious or otherwise, it was not possible to reveal their identity as an ESI patient and the hospital authorities recovered hospital expenses directly from the patient or the employer.
8. Serious cases of accident/illness where a beneficiary was admitted directly at a private hospital or in a non-recognized hospital where admission in a hospital recognized under the scheme would have seriously jeopardized their health, like sudden heart attacks, fracture of the spine, cerebral hemorrhage, etc.
9. Expenditure incurred on investigation for blood transfusion.
10. Mental cases that may have incurred expenditure either as an outpatient on specialized therapy such as ECT, etc.
11. Serious cases of accident and illness admitted to recognized hospitals where all the reserved ESI beds were occupied.
Reimbursement of conveyance charges incurred by an IP where an ambulance or any other transport under the scheme is not available owing to some reason or the other, and where in the opinion of the IMO/IMP such a patient was non-ambulatory.
In respect of specialized examination, laboratory tests, X-rays, other imaging services, etc., recommended by a specialist, but where the IP either due to the breakdown in the machinery or where the nature of the examination of the laboratory tests was such that it was beyond the scope of the facilities available in the recognized laboratory/hospital.
In addition to the above types of cases, reimbursement may also be allowed in other cases depending upon the merits of each case and the circumstances under which expenditure was incurred.
The above information I got from the official website of ESIC as I am trying for reimbursement of medical expenses incurred by one female employee who got herself admitted to a private hospital without approaching the ESI doctor.
Regards.