Leaders back push to outlaw detention of patients, bodies in hospitals
Kirinyaga Woman Rep Njeri Maina, who has sponsored the Health Amendment Bill 2023.
Kirinyaga Woman Rep Njeri Maina's Health Amendment Bill 2023, which seeks to criminalise the detention of patients and corpses in hospitals and mortuaries over unpaid bills, is gaining more support.
The bill proposes that all health facilities, both private and public, that detain patients or bodies over unpaid bills should be fined Sh1 million.
The latest to express support for the move is Murang'a Woman Rep Betty Maina, who told Nation “the bill should have been passed yesterday and if it is delayed, it should be passed today at the latest”. She said many families have been struggling to raise millions in bills just to have their dead released for burial.
"I have come across cases where families whose gross worth is less than Sh1 million are asked to raise over Sh10 million to get a dead relative released from the mortuary," she said.
Budget and Appropriations Committee Chairman Ndindi Nyoro confirmed receipt of the bill, which seeks to add a new section to the Health Act (2017).
"If this proposal is passed into law, it will be a reprieve for families who have suffered after their loved ones were detained in hospitals for long periods after being discharged due to lack of money to pay hospital bills," he said.
Murang'a Senator Joe Nyutu, who chairs the Senate Committee on Education, said: “I have come across cases where children have dropped out of school because school fees have been diverted to pay medical and mortuary bills for dead relatives.”
Mathioya MP Edwin Mugo said “our decisions are sometimes flawed as how we allowed these bills to escalate to such crushing levels demands an answer".
Responding to claims that the bill could encourage patients to refuse to pay their bills, Ms Maina said hospitals and mortuaries have to exercise due diligence.
"There are these admission procedures and there are these declarations that are made in the course of treatment. Those who cannot pay are identified within the first three days of admission. In fact, those who can corrupt the system are not patients but hospital managers," she said.
Federation for African Women Educationalists (Fawe) Central region official Ms Cecilia Gitu said "the bill seeks to empower citizens in their constitutional right to access quality and affordable healthcare".
Nominated MP Sabina Chege said "the cost of healthcare needs to be looked at holistically and all the gaps that facilitate impunity in pricing addressed".
In her bill, Ms Maina argues that medical facilities that release bodies for burial while in debt should be reimbursed by the national government.
Should the bill become law, the National Treasury will allocate funds to national referral hospitals to underwrite unpaid bills.
