The Social Health Authority (SHA) has issued a directive to all contracted healthcare providers, emphasizing that emergency medical treatment must be provided without delay or refusal due to patients' inability to pay.
In a notice released on August 1, 2026, the authority referenced Article 43(2) of the Constitution, which guarantees emergency care as a fundamental right. Hospitals are instructed not to deny, delay, refer, or transfer patients solely because of unpaid bills, absence of deposits, or lack of benefit confirmation.
Funding and Compliance
- The Emergency, Critical and Chronic Illness Fund (ECCIF) will cover eligible emergency care costs for the initial 24 hours.
- Subsequent treatment expenses will be managed through the Social Health Insurance Fund (SHIF) or other payment mechanisms.
- Facilities failing to comply risk contract termination and de-empanelment, alongside potential professional disciplinary actions.
Patient Referral and Contract Review
Should a hospital be unable to continue emergency care, patients must be stabilized before referral to an appropriate facility, following Ministry of Health guidelines.
This directive coincides with SHA's ongoing nationwide review of its healthcare provider contracts ahead of the next contracting cycle (2026–2028). The review includes stakeholder engagements and surveys aimed at enhancing contract transparency and improving service delivery within Kenya's universal health coverage framework.
