The Health (Amendment) (No. 2) Bill, 2022
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New Policy Guidelines for National and Overseas Patient Referrals
The Bill requires the Cabinet Secretary to develop policy guidelines establishing mechanisms for patient referrals to health institutions both within and outside the country under a new Section 79A(1).
Mandatory Consultations with Regulators and NHIF
Under Section 79A(2), the Cabinet Secretary must consult with the body responsible for the registration and licensing of medical practitioners and dentists, alongside the National Hospital Insurance Fund, when developing referral policy guidelines.
Verification of Equipment and Staffing Levels
Section 79A(3) requires the policy guidelines to establish adequate measures for verifying whether a receiving health institution inside or outside Kenya possesses appropriate health equipment and personnel.
Kenyan Mission Clearance for Foreign Referrals
Under Section 79A(4), any public health facility referring a patient to an institution outside Kenya must consult with the Kenyan mission in that country to verify the credibility of the receiving health facility.
Bill No.
No. 42 of 2022
Gazette No.
Supplement No. 167 of 2022
Sponsor
Didmus Wekesa Barasa
Background
The primary objective of the Health (Amendment) (No. 2) Bill, 2022 is to amend the Health Act (No. 21 of 2017). The amendment introduces regulatory structures to govern patient referral systems, ensuring that processes for referring patients to hospitals outside Kenya are structured, safe, and not subjected to abuse.
Key Amendments
The Bill inserts a new Section 79A immediately after Section 79 of the principal Act:
- Referral Policy Guidelines: Mandates the Cabinet Secretary to develop and implement policy guidelines outlining mechanisms for transferring patients to medical facilities within and outside Kenya.
- Regulatory Consultation: Requires the development of these guidelines to include direct consultations with the National Hospital Insurance Fund (NHIF) and the regulatory body responsible for registering and licensing medical practitioners and dentists.
New Obligations
The Bill introduces several direct verification obligations on health administrators and referring facilities:
- Capability Audits: The referral guidelines must ensure that administrative steps are taken to confirm that the receiving facility has the necessary medical equipment and personnel to handle the patient's specific health needs.
- Diplomatic Verification: Public health facilities referring patients to overseas institutions must carry out prior consultations with the relevant Kenyan mission in the destination country to establish the credibility and legitimacy of the foreign hospital.
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Updates will be visible here once they are approved and applied to this bill.