The Health (Amendment) Bill, 2024

Background

The Health (Amendment) Bill, 2024 aims to resolve long-standing issues where patients face delays in receiving life-saving emergency treatment due to upfront payment requirements. It also addresses situations where public facilities withhold the bodies of deceased patients as collateral to compel families to settle pending medical bills.

Key Amendments

Amendment of Section 2 of Cap. 241

• Redefines "emergency medical treatment" to mean the necessary initial or immediate medical care administered to a critically ill or injured person to prevent death, disability, unnecessary morbidity, or the worsening of a medical situation.

Amendment of Section 7 of Cap. 241

• Guarantees the right to emergency medical treatment "prior to the prepayment of prospective medical costs".
• Clarifies that emergency medical treatment includes appropriate medical care provided at the scene of injury or illness, during transportation, and through emergency and early in-patient care departments.
• Introduces specific offences for public health facility administrators who demand prepayment or detain bodies.

Amendment of Section 12 of Cap. 241

• Inserts a new subsection (2A) explicitly stating that public sector healthcare providers must not demand prepayment of prospective medical costs as a condition for providing emergency treatment.

New Obligations

• Emergency Medical Treatment: Public health facilities and healthcare providers must administer immediate emergency treatment to any critically ill or injured patient without demanding prospective medical or admission fees.
• Deceased Body Release: Public health facilities must release the bodies of deceased persons and are barred from withholding them to enforce pending bill payments.

Penalties

• Demanding Prepayment for Emergency Treatment: Any person in charge of a public health facility who demands or permits the demand of prepayment or admission fees before emergency care commits an offence and is liable on conviction to a fine not exceeding KSh 3 million.
• Detaining Deceased Bodies: Any person in charge of a public health facility who detains or permits the detention of a deceased person's body to enforce the payment of outstanding bills commits an offence and is liable on conviction to a fine not exceeding KSh 2 million.