Gvt Moves to Cap Private Hospital Fees and Enforce Emergency Care Access

Local private healthcare institutions will soon be barred from imposing arbitrary fees or refusing life-saving treatment following sweeping reforms introduced in a new Bill currently before Parliament.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi announced the changes during the second reading of the Medical Services Amendment Bill in the National Assembly on Tuesday saying the proposed legislation seeks to bring the country’s healthcare laws in line with the Constitution.

“This Bill, Mr Speaker Sir, is a testament of our commitment to ensuring that every citizen and permanent resident of our nation has access to essential health services,” said Minister Ziyambi.

He added: “The memorandum accompanying this Bill clearly outlines its primary objective, that is to uphold constitutional rights related to health and these rights are clearly stipulated in the Constitution.”

One of the key provisions outlined in Clause 9 will require all private hospitals to seek ministerial approval before increasing their charges or setting fees above government-prescribed limits.

“Subsection 1 stated that no responsible authority at a private hospital should impose fees above a prescribed amount or increase them by more than a prescribed percentage except with the approval of the Minister,” said Ziyambi.

Previously, hospitals charging high fees before a certain date were exempt and that exception is now set to be scrapped.

“The amendment in this Bill repeals this provision. Fees and charges at private health institutions regardless of when they were first introduced will be subject to the prescribed maximums and percentage increases unless specifically approved by the Minister. This change ensures greater oversight and control over the cost of private healthcare aiming to protect patients from exorbitant charges,” he added.

Clause 10 empowers the Minister to regulate healthcare services for vulnerable groups such as children people with chronic illnesses, war veterans and persons with disabilities.

It also provides for the development of standardised health care packages and the establishment of a National Consultative Health Forum.

Another significant change is contained in Clause 8 which introduces a new Section 12(a) prohibiting private facilities from turning away patients in emergency situations.

“Perhaps, Mr. Speaker one of the most impactful provisions is the new Section 12(a) inserted by Clause 8, which prohibits the refusal of emergency medical treatment by private health institutions, aligning with Section 76, Subsection 3 of the Constitution.

“These mandates private institutions to admit patients suffering from life-threatening conditions for a period of not less than 48 hours for stabilisation, even if they cannot afford treatment. This is a lifeline for many and the Bill also allows for agreements between the Minister and private institutions for cost recovery,” said Minister Ziyambi.

Clause 7 of the Bill also expands anti-discrimination protections in health care access aligning with constitutional principles of equality and inclusive service delivery.