Court orders gov’t to put in place legislation restraining private hospitals from detaining patients, holding bodies of the deceased

Justice Philip Odoki through the high court has ordered the Ministry of Health, to ensure that legislation is put in place within a period of 2yrs, in order to regulate the cost of medical services provided by private health facilities, in a bid to ensure that they are accessible to all people.

The justice’s ruling followed an application by health equity and policy initiative (HEAΡΙ) to the High Court, petitioning Dr. Jane Ruth Acheng and the Attorney General, for government’s failure to standardize levies, rates, and pricing of medical services provided by private health facilities.

Health equity and policy initiative (HEAΡΙ) filed this application under Article 50 of the Constitution of the Republic of Uganda, 1995; Sections 3, 4 and 13 of the Human Rights (Enforcement) Act, 2019; and Rules 3, 5, 6, 7, 8, 9,10 &11 of the Judicature (Fundamental Rights and other Freedoms)(Enforcement Procedure) Rules, 2019.

According to HEAPI, failure to regulate private health facilities for legitimate purposes of availability, accessibility and affordability, threatens and violates the patients right to be free from torture or cruel, inhuman or degrading treatment as well.

Upon this the High Court has order that, “The Minister of Health is to ensure that all essential stakeholders are consulted on fair and affordable payment ceilings for all medical treatments provided by private health facilities,”

“The Minister of Health and the 2nd Respondent are directed to ensure that the necessary legislation is put in place within a period of 2 years to among others,” added the ruling.

The court also ordered government through the ministry of health to regulate and standardize levies, rates, and pricing of medical services provided by private health facilities.

“Restrain all private hospitals from detaining patients and holding bodies of diseased patients for pecuniary reasons,”

In a similar situation during the Covid 19 period in 2021, the High Court in Kampala ruled that “the Health minister, Dr Jane Ruth Aceng, and the Attorney General must make regulations for reasonable fees payable to hospitals for management and treatment of Covid-19 patients”

However, on several occasions owners of private hospitals have said they are currently struggling with high costs of operations, and wondered how all will be factored in to come up with reasonable charges.