The Health (Amendment) Bill, 2022
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Cabinet Secretary to Develop Overseas Referral Guidelines
Section 79A(1) obligates the Cabinet Secretary responsible for health to develop policy guidelines defining the mechanisms for referring patients to medical institutions outside Kenya.
Mandatory Consultations with Licensing Bodies and NHIF
Section 79A(2) requires the referral guidelines to be developed in consultation with:
- The body responsible for the registration and licensing of medical practitioners and dentists in Kenya.
- The National Health Insurance Fund (NHIF).
Equipment and Personnel Auditing for Foreign Hospitals
Section 79A(3) mandates that the policy guidelines establish measures to verify that the foreign health institutions receiving Kenyan patients possess adequate health equipment and qualified health personnel.
Vetting via Kenyan Diplomatic Missions
Section 79A(4) imposes a new requirement on public health facilities to consult with the Kenyan mission in the destination country to confirm the credibility of any foreign health institution before referring a patient.
Bill No.
No. 41 of 2022
Gazette No.
Supplement No. 166
Sponsor
James Nyikal
Background
The Health (Amendment) Bill, 2022, sponsored by Hon. James Nyikal, MP, proposes to amend the Health Act (No. 21 of 2017). The primary objective of the Bill is to introduce structured policy guidelines to manage the referral of patients to health institutions outside the country. According to the sponsor, this will ensure that relevant stakeholders are involved in the process and that patients are protected from unregulated and abusive referral systems.
Key Amendments
Insertion of Section 79A into Act No. 21 of 2017
The Bill inserts a new section 79A immediately after section 79 of the principal Act:
- Section 79A(1): Directs the Cabinet Secretary to formulate clear policy guidelines for overseas patient referrals.
- Section 79A(2): Establishes a framework for consultations with local medical regulatory authorities and the National Health Insurance Fund (NHIF) during the drafting of the guidelines.
New Obligations
Cabinet Secretary for Health
- Must develop and implement policy guidelines governing patient referrals to institutions outside Kenya.
Public Health Facilities
- Before referring any patient to a foreign health facility, public health institutions must consult with the Kenyan diplomatic mission in the destination country to verify the credibility of the receiving institution.
- Facilities must ensure that measures are in place to confirm that destination hospitals have the necessary equipment and medical personnel to manage the patient's condition.
Transitional Provisions
The Bill does not outline specific transitional provisions, nor does it require additional public funds for its enactment. The functions concerning health policy remain within the purview of the national government under Part 1 of the Fourth Schedule to the Constitution of Kenya.
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