Parliament has tabled the Medical Services Amendment Bill, a proposal that will prohibit private health institutions from denying emergency treatment and compel them to stabilise patients for at least 48 hours, regardless of their ability to pay.
According to Parliament, “The Medical Services Amendment Bill aims to align the principal Act with Section 76 of the Constitution, specifically prohibiting private health institutions from denying emergency medical treatment.”
The Bill introduces an emergency care mandate under which “Private institutions are prohibited from denying treatment for life-threatening conditions,” and further provides for a compulsory “stabilisation period” where “Patients must be admitted for a minimum of 48 hours for stabilization, even if they cannot afford to pay.”
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Section 76 of the Constitution guarantees every citizen and permanent resident the right to basic healthcare services and states that no person may be refused emergency medical treatment.
The amendment seeks to operationalise that right amid growing public concern over reports of patients being turned away from private facilities over upfront payment requirements.
Beyond emergency care, the Bill also introduces regulatory oversight on pricing, stating that the amendment “allows for fixing maximum fees for services at government and state-aided institutions after consulting with providers.”
It further strengthens child health protections, making it a criminal offense for guardians to block minors from accessing necessary medical services.
If passed, the legislation will significantly alter private sector obligations in emergency healthcare and tighten enforcement of constitutional health rights, placing legal accountability on institutions that fail to comply.
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