Ezrah Kashumbusha.
KAMPALA, January 29, 2024 | In a landmark ruling, the High Court in Kampala has directed the Ministry of Health to actively regulate and standardize the levies, rates, and pricing of medical services offered by private health facilities across Uganda.
The ruling, delivered by Justice Philip Odoki of the High Court Civil Division, emerged during an appeal by the Health Equity and Policy Initiative against the Minister of Health, Dr. Jane Ruth Aceng, on January 16, 2024.
Odur Anthony, the Executive Director of The Health Equity and Policy Initiative, emphasized the constitutional and statutory duties of the Ministry of Health in overseeing private health facilities. He argued that the ministry’s failure to regulate had led to overcharging, delayed treatments, and unjust detainment of patients due to pending medical bills.
Anthony highlighted concerning reports, including instances where Covid-19 patients were allegedly overcharged in private medical facilities, leading to delayed treatment or detainment until payment. Shockingly, reports also revealed cases where deceased patients’ bodies were held pending payment of unconscionable medical bills.
Furthermore, Anthony pointed to newspaper accounts of mothers detained for unpaid medical bills at St. Francis Hospital Nagalama in Mukono and the tragic case of advocate Peter Kibirango, who succumbed to head injuries at Case Hospital. Kibirango’s situation drew attention as attempts to fundraise for his medical bills proved futile.
In response, Dr. Martin Ssendyona, the Acting Commissioner of Standards Compliance Accreditation and Patient Protection in the Ministry of Health, and Katumba Sentogo, the Registrar of the Uganda Medical and Dental Practitioners Council, defended the government’s previous intervention in regulating fees for hospitals managing Covid-19.
Justice Odoki, in his ruling, concurred with the applicant’s counsel, stating that the Ministry of Health failed to exercise its ministerial powers to execute statutory obligations. He noted that the respondents were complicit in violating the right to health of patients in Uganda by not enacting necessary laws to regulate private medical facilities.
Odoki ordered the Ministry of Health to establish the essential legislation within two years. This legislation aims to regulate and standardize levies, rates, and pricing services provided by health facilities. Additionally, it will ensure that stakeholders are consulted to establish fair and affordable payment ceilings for all medical treatments provided by private health facilities.
The court’s decision is seen as a significant step towards safeguarding the rights of patients and ensuring fair and transparent healthcare practices in the private medical sector.
