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.