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Uganda: Government directed to establish private hospital charges

Rédaction Africa Links 24 with Anthony Wesaka
Published on 2024-01-31 08:16:39

Justice Phillip Odoki of the Civil Division of the High Court in Kampala issued a landmark ruling on January 16, directing the Health Minister, Jane Ruth Aceng, and the government to take steps to ensure that there is a ceiling on the medical bills charged by private hospitals, particularly to put an end to the practice of overcharging patients and detaining those who cannot afford to pay. The judge noted that private hospitals were charging exorbitant medical bills and that if this trend continues unchecked, the right to health of citizens would be violated.

The judge emphasized that it’s the State’s duty to ensure that every Ugandan has access to health services, and this cannot be achieved if private health facilities are left to charge for medical services without any regulation or guidance. The judge also pointed out that even though there have been proposed laws to regulate private medical facilities, no such legislation has been enacted. He ruled that the failure to make necessary laws to regulate private medical facilities violates the right of health of patients in Uganda.

The court’s ruling was based on a petition by the Health Equity and Policy Initiative, a civil society organization. The judge ordered the Health Minister and the Attorney General to ensure that a piece of legislation is put in place within two years to regulate and standardize medical service fees charged by private hospitals. The judge also instructed the Attorney General to report back to the court every two years on whether its orders have been complied with.

The court’s directive came as a response to concerns that private hospitals were overcharging patients and detaining those who couldn’t afford to pay their medical bills. The judge’s decision was based on the premise that private health facilities need to be regulated to protect the general public from being exploited financially in a bid to ensure the right to health.

The issue of overcharging by private hospitals became particularly prominent during the second wave of the COVID-19 pandemic in 2021, where reports surfaced of private hospitals charging exorbitant fees for COVID-19 treatment, with some hospitals even detaining dead bodies until the families paid outstanding medical bills.

Overall, the court’s ruling reflects the concern over the increasing costs of medical services offered by private medical facilities and aims to protect the right to health of patients in Uganda by ensuring that medical fees are regulated and standardized.

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