MPs pass Bill to stop hospitals from holding bodies, patients over unpaid bills

The proposed legislation, sponsored by Kirinyaga Woman Representative Njeri Maina, seeks to outlaw the practice of holding patients and bodies as security for outstanding hospital bills, in line with previous court rulings.

Speaking during debate on the Bill, Maina and other lawmakers who supported the proposed legislation argued that hospitals have continued to exploit gaps in existing laws to detain patients and withhold bodies, leaving affected families struggling to secure the release of their loved ones.

The lawmakers said the proposed changes would provide a legal framework to protect patients and bereaved families from such practices.

Under the Bill, hospitals would also be prohibited from detaining patients who have been medically discharged but are unable to settle their treatment expenses.

The proposed law seeks to ensure that outstanding medical bills do not become grounds for restricting patients' freedom or preventing families from collecting the remains of their deceased relatives.

However, National Assembly Health Committee Chairperson James Nyikal maintained that a lasting solution to the problem would require Kenyans to consistently contribute to the Social Health Authority (SHA) scheme.

Nyikal argued that sustained contributions to the health insurance programme would help address the financial challenges that leave patients and families unable to settle hospital bills.

The Bill will now proceed to the Senate for consideration before it can be presented to President William Ruto for assent.

If enacted, the legislation would establish an explicit statutory prohibition against the detention of discharged patients and deceased persons' bodies over outstanding medical expenses.