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Medics could be punished for detaining patients or bodies if the law is changed.
The Health Laws (Amendment) Bill, 2018, states that “any officer or employee of a health institution responsible for releasing patients or bodies, who violates the provisions of this Act shall be liable, upon conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or both.”
The amendment proposed by Nyando MP Jared Okello comes soon after a High Court ruling that declared the detention of patients illegal.
Lady Justice Wilfrida Okwany last Wednesday ruled that it was a violation of patients’ rights for hospitals to refuse to release them over medical bills.
The MP last Thursday wrote to Speaker Justin Muturi, stating his intention to amend sections 86, 112 and part III of the Health Act. He said he was seeking to achieve this by amending the Medical Practitioners and Dentists Act 253.
“Ensure that no health institution in the country shall detain or otherwise cause, directly or indirectly, the detention of the body of a patient who died after or during treatment, for reasons of non-payment, in part or in full, of their hospital bills or any other medical expenses,” the amendment adds.
The MP further seeks to have patients who have recovered to be allowed to go home despite pending bills.
And in the case of a patient who dies, the death certificate and other documents required for interment and other purposes should be released to relatives.
Mutual arrangements
The amendment roots for mutual arrangements between the families and facilities on how to clear pending bills without resorting to detention of patients.
Mr Okello said refusing to discharge patients or release bodies over pending medical bills was a violation of their rights.
There have been several cases of patients being detained after accumulating large medical bills.
In many instances families have had to deposit securities, including title deeds and logbooks to be allowed to bury their kin or have their patients released from heath facilities.
Medics could be punished for detaining patients or bodies if the law is changed.
The Health Laws (Amendment) Bill, 2018, states that “any officer or employee of a health institution responsible for releasing patients or bodies, who violates the provisions of this Act shall be liable, upon conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or both.”
The amendment proposed by Nyando MP Jared Okello comes soon after a High Court ruling that declared the detention of patients illegal.
Lady Justice Wilfrida Okwany last Wednesday ruled that it was a violation of patients’ rights for hospitals to refuse to release them over medical bills.
The MP last Thursday wrote to Speaker Justin Muturi, stating his intention to amend sections 86, 112 and part III of the Health Act. He said he was seeking to achieve this by amending the Medical Practitioners and Dentists Act 253.
“Ensure that no health institution in the country shall detain or otherwise cause, directly or indirectly, the detention of the body of a patient who died after or during treatment, for reasons of non-payment, in part or in full, of their hospital bills or any other medical expenses,” the amendment adds.
The MP further seeks to have patients who have recovered to be allowed to go home despite pending bills.
And in the case of a patient who dies, the death certificate and other documents required for interment and other purposes should be released to relatives.
Mutual arrangements
The amendment roots for mutual arrangements between the families and facilities on how to clear pending bills without resorting to detention of patients.
Mr Okello said refusing to discharge patients or release bodies over pending medical bills was a violation of their rights.
There have been several cases of patients being detained after accumulating large medical bills.
In many instances families have had to deposit securities, including title deeds and logbooks to be allowed to bury their kin or have their patients released from heath facilities.
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