MPs warn hospitals against detaining bodies over bills

Members of Parliament have clashed with the Kenya Medical Practitioners and Dentists Council over detention of bodies by hospitals due to failure by their families to pay bills.

The lawmakers on Tuesday accused the council of not reining in hospitals charging exorbitant fees on patients seeking treatment, which drains families economically.

The National Assembly Health committee noted that most hospitals these days are only interested in making profits, and in most cases, levy unnecessary charges on those who seek treatment.

Appearing before the committee to answer questions on why Reale Hospital in Eldoret is detaining the body of Julius Nyerere Odera for five months now over a Sh4 million bill, the council’s chief executive Daniel Yumbya said there was need for provision of a fund from the exchequer to assist those who cannot pay hospital bills.

Mr Yumbya said while the government is clear that no hospital should detain a body over failure to pay, the question of who will settle the bill should be addressed. “The policy is there that you don’t detain a body, but once a person has gone to a private facility, the question is who takes care of the bill? Because that is a private investment; it’s not a public facility,” Mr Yumbya told MPs.

“The hospitals are also coming to us, asking who will cater for the resources used to treat the patient. This is a challenge that we need to come together and find a way forward,” Mr Yumbya said.

Detaining patients and bodies

Regarding the case of Mr Odera, he said the council had written to the hospital to release the body, but it was yet to comply with the orders.

“The council has summoned the hospital and the family of the deceased to appear before the Disciplinary and Ethics Committee on Tuesday next week for further necessary action,” Mr Yumbya said.

Under the Dentists Act, the council has the mandate to regulate the training and practice of medicine, dentistry and community oral health in the country.

MPs, however, accused Mr Yumbya of speaking for private hospitals despite them committing an offence of detaining patients and bodies across the country.

“You are telling us that it is illegal to detain bodies but at the same time you are speaking for private hospitals. Are you really a public officer advancing government position? asked Mbeere North MP Charles Njagagua.

Healthcare services

Tongaren MP Eseli Simiyu accused the council of allowing the mushrooming of private health providers that are only interested in making profits and not providing healthcare services.

“We are dealing with a bigger problem here. The cost of health in this country has shot up. The council needs to step up and protect Kenyans, otherwise we will just be enriching some merchants who are not even health professionals,” Dr Simiyu said.

“Some hospitals put patients in the ICU knowing very well they are going to lose the patient and the family cannot pay,” he added.

Cherangany MP Joshua Kutuny said hospitals have become cash cows that have impoverished families.

Article 29 of the Constitution provides that every person has the right to freedom and security, which includes the right not to be deprived of freedom arbitrarily or without just cause.

Further, the code of professional conduct and discipline provides that it is unethical for doctors or health institutions to detain patients for payment of fees. The code further advises that legal means should be used to recover the said fees. 

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