The Ministry of Health says it will not expropriate private medical health facilities under a new bill which gives it power to take over private hospitals in the public interest.
This has emerged during debate on the National Health Bill in the National Assembly last week.
The bill includes a clause which gives the health minister the power to take over private health facilities and turn them into State hospitals.
However, before any takeover the minister is bound by the clause to consult an advisory committee as well as various health boards.
Also, the “takeover, acquiring, purchasing, leasing or procurement” of a private hospital as State institution will be subject to “payment of just compensation”. The terms and conditions of the sale “may” be mutually agreed upon by the minister and the owner of the private hospital, the bill reads.
Critics have expressed concern over the word “may”, saying this leaves room for the government to go ahead and take over such facilities in the absence of a mutual agreement with the owner.
“We will not just take over the private hospitals just like that and will not go around taking hospitals from people,” explained Health Permanent Secretary Andrew Ndishishi.
“The law says if you have a hospital or clinic in a village on which all people in that area depend, if you are selling it, the government will buy that facility in order to continue serving the people.
“It is better for it to continue as a hospital under the government, instead of the building being turned into something else.”
Ndishishi explained that should the owners of such property refuse to sell to the State, they will not be compelled to do so and the ministry will build its own hospital or clinic.
“The reason for the law is that we must have a legal instrument in place to guide us. This is public money; you cannot just use it without a legal instrument in place.”
He added that ministry had in the past taken over hospitals and clinics in Rehoboth which were previously owned by churches and foreign institutions.
Another provision in the bill gives the health minister the power to regulate the control of persons entering and leaving hospitals; custody of property belonging to admitted patients and control of articles and objects that may be brought into a hospitals.
Another controversial clause of the bill provides for immunity for the minister and his staff from being sued for medical negligence.
The bill was drafted to create a structured uniform national health system and consolidate laws relating to State hospitals and public health services.
This has emerged during debate on the National Health Bill in the National Assembly last week.
The bill includes a clause which gives the health minister the power to take over private health facilities and turn them into State hospitals.
However, before any takeover the minister is bound by the clause to consult an advisory committee as well as various health boards.
Also, the “takeover, acquiring, purchasing, leasing or procurement” of a private hospital as State institution will be subject to “payment of just compensation”. The terms and conditions of the sale “may” be mutually agreed upon by the minister and the owner of the private hospital, the bill reads.
Critics have expressed concern over the word “may”, saying this leaves room for the government to go ahead and take over such facilities in the absence of a mutual agreement with the owner.
“We will not just take over the private hospitals just like that and will not go around taking hospitals from people,” explained Health Permanent Secretary Andrew Ndishishi.
“The law says if you have a hospital or clinic in a village on which all people in that area depend, if you are selling it, the government will buy that facility in order to continue serving the people.
“It is better for it to continue as a hospital under the government, instead of the building being turned into something else.”
Ndishishi explained that should the owners of such property refuse to sell to the State, they will not be compelled to do so and the ministry will build its own hospital or clinic.
“The reason for the law is that we must have a legal instrument in place to guide us. This is public money; you cannot just use it without a legal instrument in place.”
He added that ministry had in the past taken over hospitals and clinics in Rehoboth which were previously owned by churches and foreign institutions.
Another provision in the bill gives the health minister the power to regulate the control of persons entering and leaving hospitals; custody of property belonging to admitted patients and control of articles and objects that may be brought into a hospitals.
Another controversial clause of the bill provides for immunity for the minister and his staff from being sued for medical negligence.
The bill was drafted to create a structured uniform national health system and consolidate laws relating to State hospitals and public health services.
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