Medical Services Amendment Bill [H. B. 6, 2024] Second Reading Speech

MEDICAL SERVICES AMENDMENT BILL [H. B. 6, 2024]

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI):  Thank you, Mr. Speaker Sir.  I rise to deliver my Second Reading speech on the Medical Services Amendment Bill.

The Bill seeks to align our Medical Services Act with the fundamental principles enshrined in our Constitution. This Bill, Mr. Speaker Sir, is a testament to our commitment ensuring that every citizen and permanent resident of our nation has access to essential health services. The memorandum accompanying this Bill clearly outlines its primary objective, that is to uphold constitutional rights related to health and these rights are clearly stipulated in the Constitution.

Mr. Speaker Sir, the Bill is also not merely a technical amendment.  It is a profound declaration of our nation’s values.  It addresses critical areas within our healthcare system, ensuring greater protection and access for our most vulnerable population.  Allow me to highlight some of the key provisions of this Bill.

Clause 2 introduces vital definitions, clarifying terms such as basic healthcare, emergency medical treatment, health institutions and reproductive healthcare.  All of which are directly derived from our Constitution.  This ensures clarity and consistency in the application of the law.

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 as per Section 50 of the Constitution.  This is a crucial step towards upholding the dignity and rights of all individuals, regardless of their circumstances.

Clause 4 empowers the Minister, in consultation with healthcare providers, to fix the maximum fees and charges for Government and State-aided health institutions.  This provision aims to ensure the affordability and accessibility of healthcare services for all.

Furthermore, Mr. Speaker, Clause 5 introduces a new Part 2A, outlining the general standards and practices applicable in healthcare delivery.  This part is comprehensive covering, among others, the information health institutions must provide to patients, circumstances under which health services may be provided without informed consent with due consideration for emergency situations and public health risks, the patient’s right to participate in decisions affecting their health and treatment, a critical provision in Part 8D making it unlawful for any parent or guardian to prevent a child from receiving health services that are in the child’s best interest or to withhold consent in contravention of Section 60 of the Constitution. This provision carries a criminal sanction, underscoring the seriousness with which we view the health of our children.

Mr. Speaker Sir, the Bill also addresses the critical issue of equitable access.  Clause 6 empowers the Minister to provide incentives for establishing health institutions in marginalised areas, facilitating the procurement of essential medical equipment and drugs.  This is a proactive step towards addressing geographical disparities in access to healthcare provision.

More so, Clause 7 extends the grounds of non-discrimination in healthcare, aligning with Section 56, Subsection 3 of the Constitution.  This reinforces our commitment to inclusive healthcare for all.  Perhaps, Mr. Speaker, 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, Mr. Speaker, 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.

Finally, Clause 10, empowers the Minister to make regulations concerning health care for children, persons with chronic illnesses, veterans of the liberation struggle and persons with disabilities. It also provides for the establishment of health care packages at various service level platforms and the formation of the National Consultative Health Forum for public consultation. Mr. Speaker Sir, I will not at this stage undertake a general clause-by-clause analysis of the Bill. The explanatory memorandum to the Bill admirably suits that purpose. I therefore encourage Hon. Members to read it carefully.

 In conclusion, the Medical Services Amendment Bill, 2022, is a progressive and essential piece of legislation. It strengthens our legal framework, ensuring that health care is not a privilege but accessible to all. It demonstrates our commitment to a healthier, more equitable future for our nation. With these words, I urge Hon. Members to support this Bill, which is a progressive and essential piece of legislation. With these words, Mr. Speaker Sir, I move that the Bill be now read a second time.