This archive report was first published on 25 September 2019.
On September 25, 2019, the National Assembly proposed changes to the law to make it illegal for hospitals to detain patients and bodies over unpaid bills. This move is a response to the suffering of many Kenyans who have been held as virtual prisoners in wards.
However, the proposed change fails to address the root cause of the problem. Kenya has a framework for financing healthcare through the National Hospital Insurance Fund (NHIF), which should ensure that such scenarios do not arise.
Lawmakers should focus on expanding the health insurance to cover as many Kenyans as possible and ensuring it is working properly. While strides have been made in reforming the NHIF, with higher contributions from Kenyans, more needs to be done.
For instance, Kenyatta National Hospital (KNH) recently wrote to the Ministry of Health, requesting an upward review of bed rates offered by NHIF and payment of hundreds of millions owed to it. This highlights the need to improve the system.
Investing in public hospitals that can offer affordable healthcare to a wider section of society is crucial. This will prevent Kenyans from being forced to resort to costly private hospitals, leading to ugly detentions tied to bills.
The proposed law, with its blanket amnesty on hospital bill defaulters, may open a Pandora's Box by demotivating patients and their families from settling their medical services dues. It would be prudent for lawmakers to put in place safeguards that require patients to prove they are unable to pay bills and define the legal means available to hospitals to recover their dues.
