Health (Amendment)(No. 2) Bill, 2022

SPECIALISSUE

Kenya Gazette Supplement No. 167 (National Assembly Bills No.42)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2022

NAIROBI,28th October,2022

CONTENT

| Bill for Introduction into the National Assembly - | PAGE | |------------------------------------------------------|--------| | The Health (Amendment) (No.2) Bill,2022 | 1163 |

THE HEALTH (AMENDMENT) (NO.2) BILL,2022

A Bill for

AN ACTof Parliament to amend theHealthAct

ENACTED by the Parliament of Kenya,as follows-

1. This Act may be cited as the Health (Amendment) 2. (No. 2) Act, 2022. 2. The Health Act (in this Act referred to as the "principal Act") is amended by inserting the following new 4. section immediately after section79-

Referralsoutside the country.

• 79A. (1) The Cabinet Secretary shall
• develop - policy guidelines onthe mechanisms for referral of patients to health institutions-
• (a) within the country; and
• (b) outside the country.
• (2) Despite subsection (1), the policy guidelines for referral mechanisms developed under subsection (1l) shall provide for consultations with-
• (a) the body responsible for the registration and licensing of medical practitioners and dentists; and
• (b) the National Hospital Insurance Fund.
• (3) The policy guidelines referred to in this section shall ensure that adequate measuresare taken to establishwhether the health institutions to which a patient is referred within or outside the country possess the adequate health equipment and health personnel.
• (4) A public health facility that refers a patient to ahealth institutionoutside the country shall ensure that adequate consultations are undertaken with the Kenyan mission in the country in which thereferralis madeto establishthe credibilityof thehealthinstitution.

Short title.

Insertion of a new section in Act

No.21 of2017.

MEMORANDUMOFOBJECTSANDREASONS

Statement of the Objects and Reasons for the Bill

The principal object of this Bill is to amend the Health Act No. 21 of

2017 tointroduce anewsectionwhich providesfor thedevelopment of policy guidelines to regulate the referral of patients to health institutions both within and outside the country.

The new section will ensure that the relevant stakeholders are involved in the process of developing such policy guidelines so as to

ensure that the process of referral to hospitals outside the country is not subjected to abuse.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

This Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

Statement of how the Bill concerns county governments

The Bill does not concern county governments in terms of Article 109(5) of the Constitution as it does not contain provisions that affect the functions and powers of the county governments as set out in the Fourth Schedule to the Constitution.

Health policy is a function of the National government as provided in

Part 1 of the Fourth Schedule to the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of Article114 of theConstitution

The enactment of this Bill shall not occasion additional expenditure

of public funds.

Dated the 21st October, 2022.

DIDMUSWEKESABARASA,

Member ofParliament.