Health system to be rolled out as law takes effect

Health Cabinet Secretary Susan Nakhumicha has gazetted the Social Health Insurance Act 2023 ahead of next week’s commencement of public participation on the regulations surrounding the new law.

This is also in readiness for the rollout of the Universal Health Coverage in January.

The Act, which repeals the National Health Insurance Fund (NHIF) and establishes three new funds, came into effect on Wednesday.

“In exercise of the powers conferred by section 1 of the SHI Act 2023, the Cabinet Secretary for Health designates November 22, 2023, as the date on which the SHI Act 2023 shall come into operation,” the notice reads in part.

The three new funds will include the Primary Healthcare Fund, Social Health Insurance Fund and Chronic Illness and Emergency Fund.

According to Nakhumicha, the gazette notice paves way for reform in health financing. It also seeks to address issues that have plagued the NHIF for years.

Following the gazettement, the Social Health Authority (SHA) will replace the NHIF.

“It is a shift from merely treating illnesses to actively promoting wellness in communities, bringing healthcare closer to homes by creating a web of healthcare support extending from basic community facilities to advanced medical centres,” the CS said previously.

Proof of compliance

According to the Act, any person who is eligible to be registered as a member of the national insurance fund will be required to produce proof of compliance to be allowed to access public services.

“Any person who is registrable as a member under this Act shall produce proof of compliance with the provisions of this Act on registration and contribution as a precondition of dealing with or accessing public services from the national government, county government or a national or county government entity,” the Act stipulates.

The SHI Act stipulates that all non-Kenyans who reside in the country will be eligible for registration as members of the Fund.

This applies to a non-Kenyan resident ordinarily residing in Kenya for a period exceeding 12 months.

However, a non-Kenyan who intends to enter and remain in the country for less than 12 months will be required to have travel health insurance coverage, the Act further stipulates.

To ensure punitive measures to curtail corruption are instituted, those suspected of defrauding the health insurance scheme, through false statements risk being jailed for five years or fined Sh1 million or both.

The NHIF will now be required to transfer all the cash balances to the Social Health Insurance Fund.

The SHI Act also created the Social Health Authority. On Wednesday, Nakhumicha appointed Central Organization of Trade Unions Secretary General Francis Atwoli, Zakayo Kariuki Gichuki and Jacinta Kathamu Mutegi as members.