Reps propose licence suspension for hospitals denying patients emergency treatment

A bill seeking to amend the National Health Act 2014 to empower authorities to suspend or withdraw the operating licences of healthcare facilities that refuse or obstruct emergency medical treatment for patients has passed second reading in the house of representatives.

Sponsored by Akin Rotimi, spokesperson of the house of representatives, the bill aims to strengthen emergency medical services through mandatory triage, stabilisation, and referral protocols in healthcare facilities.

Section 20 of the National Health Act 2014 provides that a care provider, health worker, or health establishment shall not refuse a person emergency medical treatment for any reason, and stipulates a fine of N 100,000, imprisonment for up to six months, or both as punishment for offenders.

However, medical facilities have reportedly rejected patients seeking emergency care and referred them to other healthcare centres.

Leading the debate on the bill’s general principles during Wednesday’s plenary, Rotimi said the proposed amendment would address preventable deaths caused by treatment delays, administrative bottlenecks, demands for payment before medical attention, and poorly coordinated referrals.

The lawmaker lamented that despite the existing law prohibiting the denial of emergency medical treatment, Nigerians continued to suffer avoidable complications and lose their lives because healthcare facilities failed to respond promptly to emergencies.

Under the proposed amendment, healthcare facilities would have to begin triage within 15 minutes of a patient’s arrival and provide basic stabilisation within 30 minutes.

The proposed law stipulates that life-saving interventions must begin immediately once a life-threatening condition is identified.

The bill further provides that, where a hospital has available bed space, it must assign it to an emergency patient within two hours.

Where no bed is available, the facility must commence stabilisation and initiate a referral within two hours of the patient’s arrival, or immediately after clinical stabilisation.

“Conversely, healthcare establishments that refuse, delay or obstruct emergency treatment face financial penalties, licence suspension and possible closure or withdrawal of licence for subsequent offences,” Rotimi said.

“Health workers who wilfully refuse or abandon emergency patients also face criminal penalties and professional disciplinary proceedings.

“The bill further provides for compensation through civil action against a health facility where injury, disability or death results from a contravention of the emergency treatment provisions. It defines emergency patient, stabilisation, referral, and triage to promote clarity and consistent implementation.”

The legislator said unnecessary delay increases the risk of deterioration, disability or death, adding that a law is needed to establish clear responsibilities and minimum standards for timely intervention.

“Nigerian should not have to negotiate for survival at the point of a medical emergency. No family should lose a loved one because treatment was unnecessarily delayed, a referral was poorly coordinated, or a healthcare facility failed to discharge its responsibility,” he said.

Rotimi said the bill will ensure that the right to emergency treatment is not merely declared in the nation’s laws but reflected in the actual delivery of healthcare.(TheCable)