Court orders gov’t to regulate Covid-19 treatment fees in all hospitals

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has issued an order directing the government to regulate fees for management and treatment of Covid-19 patients in all hospitals across the country.

The order has been issued by the Civil Division Judge Phillip Odoki following a consent agreement between the Attorney General and the Center for Health, Human Rights and Development-CEHURD, which is a non-governmental health rights watchdog.

The order arises from an application filed last week by CEHURD together with its Executive Director Moses Mulumba against the Attorney General, the Medical and Dental Practitioners Council and the Minister for Health Dr Jane Ruth Aceng.

The applicants faulted government for failing to regulate the exorbitant fees that were being demanded to treat Covid-19 patients in most hospitals in the country.

The applicants argued that Uganda is a country going through the ravaging effects of Covid-19 pandemic that has claimed and continues to claim lives of several Ugandans every day.

As such, court heard that the hospitals treating and managing the Covid-19 patients are charging exorbitant medical fees in absence of a regulatory frame work.

The applicants attached evidence to show for stance that IHK hospital is charging 2-3 million Shillings per day for Intensive Care Unit –ICU cases and one million Shillings per day for moderate cases.

The evidence also shows that Medipal Hospital was charging four million Shillings per day for ICU beds, Case hospital three million Shillings for ICU, 1.5 million Shillings per day for moderate cases, Victoria Hospital ten million Shillings per day in ICU and 5 million Shillings for moderate cases among others.

“That the rates charged by the hospitals are clearly exorbitant in nature and largely unbearable to Ugandans seeking the COVID-19 treatment in hospitals amidst the pandemic and tough economic times,” reads the application in part.

The applicants added that the government has a statutory obligation to intervene and regulate medical fees chargeable by hospitals in the treatment and management of persons suffering from Covid-19.

“That the 1st respondent/Attorney General as government is mandated by law to provide for the wellbeing and general safety of Ugandans including guarding them against any form of extortion and or manipulation in access to social services health inclusive”, adds the application.

However, when the matter came up for hearing, the Attorney General’s representatives, State Attorneys Brian Musota and Moses Mugisha told court that they were ready to concede to the prayers of the applicants.

Mugisha told court that the law requires the Medical and Dental Practitioners Council to charge reasonable fees from patients and that as government, they have put in place laws aimed at addressing prayers sought by the applicants and negotiations with private health facilities together with government are still ongoing.

As such, Justice Odoki had no option but to issue orders as agreed in the consent. He also ordered the Medical and Dental Practitioners Council to advise the Health Minister Jane Ruth Aceng on what would be the reasonable chargeable fees in the treatment of COVID-19.

The applicants’ lawyers Kenneth Ssebabi and Ibrahim Nsereko wanted government to be given a timeline of two months within which to implement this order. But the State Attorneys objected and court agreed with them that the government is acting in good faith adding that if the Attorney General doesn’t implement the orders, the doors of court are always open they can return to court.

The Executive Director of CEHURD Mulumba has applauded government upon its decision to concede.

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