Kenyans struggling to clear hospital bills could soon be protected from having discharged relatives detained in hospitals or loved ones’ bodies withheld in mortuaries over unpaid debts.
This follows the passage of the Health (Amendment) Bill, 2024, by the National Assembly on Wednesday, November 11, paving the way for proposed changes to the Health Act.
The Bill, sponsored by Kirinyaga Woman Representative Jane Njeri Maina, seeks to prohibit hospitals from detaining patients who have been medically discharged but cannot settle their bills.
It also seeks to prevent healthcare facilities from withholding bodies of deceased patients as a way of forcing families to clear outstanding medical expenses.
Another key provision requires hospitals to provide emergency medical treatment before demanding payment, insurance verification or proof of a patient’s ability to pay.
Public healthcare facilities that demand upfront payment before providing emergency treatment could face fines of up to KSh3 million under the proposed amendments.
Additionally, public officers who authorise or facilitate the detention of bodies over unpaid medical bills could face fines of up to KSh2 million.
While moving the Bill during parliamentary debate in February, Maina said the proposed changes were intended to address the suffering of families unable to raise money to secure the release of their loved ones.
“The Health Amendment Bill seeks to make it illegal to detain dead bodies in hospitals or mortuary facilities. It also seeks to make it illegal to demand any prepayment prior to the provision of emergency treatment,” she told Parliament.
The legislation also provides for structured payment arrangements that would allow hospitals to recover outstanding medical debts without detaining patients or withholding bodies.
However, the Bill must first go through consideration by the Senate before being forwarded to President William Ruto for assent.
If enacted, the amendments would strengthen protections for patients and families facing financial difficulties while seeking medical services.