State could take over hospitals

Patients wait for services at Nyeri Referral Hospital on February 19, 2012. Patients will not be able to access drugs in Nyeri by mid-next week following the breakdown of the Integrated Financial Management Information System (IFMIS), a government payment module. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

What you need to know:

  • Health Committee Chairperson Rachel Nyamai said there would be consultations before the Bill goes to the second and third reading.
  • Kenyatta National, Moi Teaching and Referral, Mathari and the Spinal Injuries Unit are the only hospitals managed by the national government.
  • The 11 Level Five hospitals are Nyeri, Kisii, Thika, Embu, Machakos, Meru, Garissa, Nyanza, Coast, Kakamega, and Nakuru.

The running of referral hospitals managed by county governments could revert to the national government if a Bill under the scrutiny of a parliamentary committee is passed in its current form.

The Bill, which was published in April and has been introduced to the National Assembly for the First Reading, categorises hospitals in six levels, with Level Five and Six being referred to as national referral hospitals.

“The national government shall be responsible for any public health institution classified as a national referral hospital,” says the Bill.

Although it says this is “without prejudice to the distribution of health functions between the two levels”, it may cause friction between governors and both Houses of Parliament.

The Bill also places on the national government the responsibility to “set guidelines for the designation of national and county referral hospitals”. This conflicts with the classification of hospitals.

Health Committee Chairperson Rachel Nyamai said there would be consultations before the Bill goes to the second and third reading.

“We will invite stakeholders who have written memos to us, including the Commission for the Implementation of the Constitution (CIC) and the Ministry of Health,” said Dr Nyamai.

She said earlier versions of the Bill by the CIC contained issues that could be addressed through regulations by the Cabinet secretary, but the final version, which says they could be dealt with by the ministry, was better.

Kenyatta National, Moi Teaching and Referral, Mathari and the Spinal Injuries Unit are the only hospitals managed by the national government.

The 11 Level Five hospitals are Nyeri, Kisii, Thika, Embu, Machakos, Meru, Garissa, Nyanza, Coast, Kakamega, and Nakuru.

The Bill puts the patients — also defined as the user — at the centre of the laws. Patients have the right to reproductive health, health information and to consent before any service is provided to them.

Others are the right to information dissemination and confidentiality.

A patient has the right to be informed of the diagnosis, procedures and treatment options.

“The healthcare provider must, where possible, inform the individual in a language that they understand and a manner that takes into account the user’s level of literacy,” says the Bill.

“If a person refuses to take a treatment option, the health provider may require the individual to confirm the refusal in a formal manner.”

The Bill also proposes the establishment of the Kenya Health Service Commission.