Big test for hospitals

The proposed law, with hefty fines for hospitals that detain patients and dead bodies to force the payment of bills, promises to end the agony of many families.

A parliamentary Bill to effect this has been passed, but as health is a devolved function, it has to go to the Senate for consideration before presidential assent to become law.

Under the Health (Amendment) Bill, 2024, hospitals and mortuaries will be prohibited from detaining discharged patients or withholding dead bodies over unpaid medical bills. The MPs, who unanimously passed the Bill, are quite right that it is morally and ethically wrong.

However, hospitals will be barred from demanding cash deposits. To balance patient rights with hospital sustainability, the facilities will be allowed to enter into legal instalment payment plans or use promissory notes to recover debts.

Hospital managers risk personal fines of up to Sh2 million, and facilities demanding payment before emergency treatment face fines of up to Sh3 million.

This is the third attempt to stop the notorious practice, with two previous Bills having flopped. While this Bill has been praised as a means to restore dignity to grieving families, private hospitals might become reluctant to admit critically ill patients without upfront guarantees.

It is, indeed, a good move as many hospitals have become notorious for holding onto patients and dead bodies over bills. Of course, medical care does not come cheap and hospitals need to buy medicines and pay staff to provide the essential services.

The key issue is how the hospitals will avoid losses if they let patients and dead bodies go before medical bills are paid. They are likely to resort to imposing hefty deposits.

In a sense, this law could become counterproductive. We are staring at a major crisis in the health sector that calls for wisdom and good judgment.

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