New Medical Bill set for scrutiny

Herald Reporter

PRIVATE hospitals and health institutions will be required to admit patients in life threatening conditions for at least 48 hours, despite the patient’s financial status, legislators have heard.

This came out during debate in the National Assembly on the Medical Services Amendment Bill, which went through the Second Reading stage last Thursday and is headed for the Committee stage, which will closely scrutinise all the clauses.

Health and Child Care Minister, Dr Douglas Mombeshora, said one of the objectives of the Bill was to align it with the Constitution, which stipulates that health service is a right for every citizen despite one’s standing, including financial status.

“Allow me to make responses following the consultations done by the committees,” said Dr Mombeshora.

“It is important to note that the Medical Services Amendment Bill is about alignment of the Medical Services Act with the Constitution on health issues and not a general amendment of issues not raised in the Constitution.

“The definition of emergency medical treatment is broad and all-encompassing and we cannot itemise the type of emergencies in case others are left out. Maternal and neonatal health are included in the current definition.”

Clause Seven of the Bill compels private hospitals not to refuse provision of emergency health services to a patient who needs it for purposes of stabilising the patient before referring them to other hospitals or health centres.

“Prohibition against refusal of emergency medical treatment – A private health institution shall admit any patient who is suffering from a condition which causes an immediate danger to the life of the patient for a period of not less than 48 hours for the purpose of stabilising the patient before transferring him or her to a Government health institution which has the capacity to provide the required medical treatment or care, if he or she is unable to afford treatment on the same terms and conditions as other patients admitted in the private health institution,” reads the Clause.

Under the Bill, the Minister of Health and Child Care may request the transfer of a patient in a public hospital to a private health institution if the patient is in a condition that poses immediate danger.

“The Minister may request a private health institution to make available to any patient who is suffering from a condition which causes an immediate danger to the life of the patient or is a victim of a public emergency who was originally admitted to Government health institutions, such specialist medical facilities as may be unavailable at the Government health institutions concerned.

“The Minister and the concerned private health institution may conclude or facilitate the conclusion of an agreement, for the recovery of all or portion of costs of the treatment of the patients referred to in subsection (1) or (2) whether from the patients or State,” reads the Bill.

Clause 3 of the Bill obliges all health institutions – hospitals, clinics, surgeries among others whether State or private – to give treatment to persons under arrest or detention.

The treatment will be provided at State expense or, if the person so chooses, at his or her own expense.

“Every health institution shall, at the expense of the State or, if the person so elects, at his or her own expense, give persons under arrest, detention or imprisonment treatment, on the same terms and conditions as other persons admitted to the health institution,” reads the Bill.

There will also be a new Clause in the Bill where all health institutions, State and private, will have to establish complaints procedures and tell their patients regularly about those procedures.

Another Clause in the Bill will give the Permanent Secretary for Health and Child Care power to impose sanctions on health practitioners and health institutions that breach the Act or guidelines he has issued under the proposed law.

In the case of a practitioner, the Permanent Secretary will be able to lodge a complaint with the appropriate disciplinary authority while with respect to an institution, the Permanent Secretary will be able to institute proceedings in terms of the Act to suspend or cancel its registration.