Public hearings on Social Health Insurance Act 2023 regulations begin

Kenyans should submit their views either through written memoranda or physical and virtual public participation meetings

In Summary
  • This comes after the court lifted orders against the implementation of the Social Health Insurance Act 2023
  • The Social Health Insurance (General) Regulations 2024 will provide for the implementation of the Primary Healthcare fund, Social Health Insurance Fund emergency, chronic and critical illness Fund
NHIF headquarters in Nairobi.
NHIF headquarters in Nairobi.
Image: FILE

Kenyans have until February 9 to submit their views on the Social Health Insurance Act 2023 regulations.

This is after the Ministry of Health began public participation in two sets of regulations; the Social Health Insurance (General) Regulations 2024 and the Social Health Insurance (Dispute Resolution Tribunal) Regulations 2024.

This comes after the court lifted orders against the implementation of the Social Health Insurance Act 2023.

The regulations will guide the implementation of the Act.

In a public notice, Health CS Susan Nakhumicha has called on Kenyans to submit their views on the regulations either through written memoranda or physical and virtual public participation meetings.

According to the ministry, the Social Health Insurance (General) Regulations 2024 will provide for the implementation of the Primary Healthcare fund, Social Health Insurance Fund emergency, chronic and critical illness Fund.

“The object of these regulations shall be to set out the procedure to facilitate just, expeditious and impartial determination of complaints, disputes and appeals arising out of decisions made under the Social Health Insurance Act 2023,” Nakhumicha said.

“The comments, views, representation and any written memoranda may be forwarded to the Office of the Cabinet Secretary, hand-delivered or emailed. Additionally, there shall be physical and virtual meetings for public consultations at venues to be communicated by the Social Health Authority through official emails, the ministry website, the NHIF website, phone calls and letters.” 

The Social Health Insurance Act of 2023 which was enacted on October 19 gives the CS in consultation with the Social Health Authority to make regulations relating to various matters required to be prescribed under the Act.

The Court of Appeal on Friday last week suspended orders that had stopped the implementation of the Social Health Insurance Act, 2023.

Court of Appeal Judges Patrick Kiage, Pauline Nyamweya and Ngenye Macharia however singled out three provisions of the Social Health Insurance Act which will remain suspended pending the hearing and determination of the appeal.

These include Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities.

Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active.

Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of the provision of health services.

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