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Private hospitals to be forced to take all patients with emergencies under planned law

HARARE

New
law
reforms
tabled
in
parliament
will
compel
private
hospitals
to
admit
patients
with
“life
threatening
conditions”
for
at
least
two
days
even
when
they
cannot
afford
the
service.

The
Medical
Services
Amendment
Bill
seeks
to
align
the
Medical
Services
Act
with
“fundamental
principles
enshrined
in
our
constitution,”
justice
minister
Ziyambi
Ziyambi
said.

“This
Bill
is
a
testament
to
our
commitment
ensuring
that
every
citizen
and
permanent
resident
of
our
nation
has
access
to
essential
health
services.
The
Bill’s
primary
objective
is
to
uphold
constitutional
rights
related
to
health,
and
these
rights
are
clearly
stipulated
in
the
constitution,”
the
minister
told
the
National
Assembly
on
Tuesday.

Some
of
the
planned
law
changes
will
see
the
health
minister
determining
maximum
fees
that
private
hospitals
can
charge
for
certain
services;
impose
criminal
penalties
for
parents
or
guardians
who
prevent
a
child
from
receiving
treatment
that
is
in
the
child’s
best
interests;
introduce
an
obligation
on
all
health
institutions
to
treat
prisoners
or
other
detained
people
at
the
state’s
expense
and
introduce
a
requirement
for
private
health
facilities
to
treat
emergency
cases
even
when
the
patients
have
no
means
to
pay.

Doctors
have
warned
some
provisions
of
the
Bill,
if
passed,
could
collapse
health
services.

Speaking
at
the
Bill’s
second
reading
on
Tuesday,
Ziyambi
said:
“Clause
3
inserts
a
new
section,
7A,
which
mandates
that
every
institution,
at
the
expense
of
the
state
or
the
individual’s
election,
must
provide
treatment
to
persons
under
arrest,
detention
or
imprisonment
on
the
same
terms
and
conditions
as
other
admitted
persons.
This
is
a
crucial
step
towards
upholding
the
dignity
and
rights
of
all
individuals,
regardless
of
their
circumstances…

“Perhaps
one
of
the
most
impactful
provisions
is
the
new
section
12(a),
inserted
by
clause
8,
which
prohibits
the
refusal
of
emergency
medical
treatment
by
private
health
institutions,
aligning
with
section
76,
subsection
3
of
the
constitution.

“This
mandates
private
institutions
to
admit
patients
suffering
from
life-threatening
conditions
for
a
period
of
not
less
than
48
hours
for
stabilisation,
even
if
they
cannot
afford
treatment.
This
is
a
lifeline
for
many
and
the
Bill
also
allows
for
agreements
between
the
minister
and
private
institutions
for
cost
recovery.

“Clause
9
makes
important
amendments
to
Section
13,
which
is
fees
and
charges
payable
at
private
health
institutions.
Previously,
section
13,
subsection
1
stated
that
no
responsible
authority
at
a
private
hospital
should
impose
fees
above
a
prescribed
amount
or
increase
them
by
more
than
a
prescribed
percentage
except
with
the
approval
of
the
minister.
It
also
included
a
proviso
that
paragraph
A,
imposing
fees
above
a
prescribed
amount,
would
not
apply
to
fees
already
being
charged
immediately
before
a
fixed
date.

“The
amendment
in
this
Bill
repeals
this
proviso.
Fees
and
charges
at
private
health
institutions,
regardless
of
when
they
were
first
introduced,
will
be
subject
to
the
prescribed
maximums
and
percentage
increases
unless
specifically
approved
by
the
minister.

“This
change
ensures
greater
oversight
and
control
over
the
cost
of
private
healthcare,
aiming
to
protect
patients
from
exorbitant
charges.”

Ziyambi
maintained
that
the
Bill
is
“a
progressive
and
essential
piece
of
legislation…
which
ensures
that
health
care
is
not
a
privilege
but
accessible
to
all.”

Doctors
who
spoke
to
ZimLive
warned
that
forcing
private
hospitals
to
accept
any
patient
with
an
emergency
would
clog
those
institutions
and
force
them
to
close
down
as
they
would
quickly
run
out
of
food
and
medicines
to
give
the
patients.

Instead,
doctors
say
the
government
should
fix
the
public
health
system
to
bring
the
standard
of
care
to
the
same
level
as
private
health
providers.