Draft Regulations

SUBMISSION OF MEMORANDA, STAKEHOLDER ENGAGEMENTS, PUBLIC HEARINGS AND INVITATION FOR PUBLIC PARTICIPATION ON THE DRAFT REGULATIONS TO THE NATIONAL HEALTH INSURANCE FUND ACT NO. 9 OF 1998 (AS AMENDED) PURSUANT TO ARTICLE 10 OF THE CONSTITUTION AND SECTION 5 OF THE STATUTORY INSTRUMENTS ACT NO. 23 OF 2013

The National Hospital Insurance Fund Act No. 9 of 1998 was amended by Parliament vide the National Health Insurance Fund (Amendment) Act, 2022. The Act (as amended) confers upon the Board of the National Health Insurance Fund (hereinafter referred to as “the Board”) in consultation with the Cabinet Secretary responsible for Health to make regulations under sections 14A, 15, 20, 21, 23 and 29 relating to various matters required to be prescribed under the Act in particular identification of beneficiaries, claims and benefits, contributions, members registration and empanelment and contracting. To this end and pursuant to sections 14A, 15, 20, 21, 23 and 29 of the National Health Insurance Fund Act (as amended);

IT IS NOTIFIED for information of the general public that the Board to the National Health Insurance Fund has developed the following five (5) sets of draft regulations to the NHIF Act (as amended):

1. 1. The National Health Insurance Fund (Beneficiary) Identification Regulations, 2022

      The object of these regulations is to prescribe the mode of identification of beneficiaries for the purpose of fulfilling the objectives of the National Health Insurance Fund.

   2. The National Health Insurance Fund (Contributions) Regulations, 2022

      The object of these regulations is to prescribe the standard contributions, matching contributions, voluntary contributions, and special contributions and provide for miscellaneous provisions.

   3. The National Health Insurance Fund (Member Registration) Regulations, 2022

      The object of these regulations is to provide for registration of persons not specified as beneficiaries to the Fund and for connected purposes.

   4. The National Health Insurance Fund (Empanelment and Contracting) Regulations, 2022
      

      The object of these regulations is to:
      

      1. Set out the criteria and procedure for empanelment and contracting of healthcare providers;
      2. Enhance access to safe and quality services by healthcare providers; and
      3. Ensure that the public can access health services from qualified and licensed healthcare providers

5. 5. The National Health Insurance Fund (Claims and Benefits) Regulations, 2022

      The object of these regulations is to prescribe the benefits for health services rendered including emergency treatment for purposes of payment of claims under the Fund. In light of the foregoing, the five (5) sets of the regulations are key towards facilitating the effective implementation of the provisions of the NHIF Act No. 9 of 1998 (as amended).

FURTHER AWARE THAT Article 10 of the Constitution as read with section 5 of the Statutory Instruments Act No. 23 of 2013 require a regulation-making authority to undertake public participation and make appropriate consultations with persons who are likely to be affected by proposed regulations. The provisions of section 5 further provide that the consultations envisaged under the Statutory Instruments Act No. 23 of 2013 shall involve notification, by advertisement, of bodies that, or of organizations representative of persons who, are likely to be affected by the proposed instrument or invite submissions or participation in public hearings to be held concerning the proposed instruments.

NOW THEREFORE, pursuant to Article 10 of the Constitution and section 5 of Statutory Instruments Act No. 23 of 2013, the NHIF invites interested members of the public, stakeholders and organizations to submit any comments, views or make representations regarding the five (5) draft regulations. The comments, views, representation and any written memoranda may be forwarded to the Chief Executive Officer of the National Health Insurance Fund P.O Box 30443-00100, Nairobi; hand-delivered to the Office of the Chief Executive Officer on NHIF Building 10^th Floor, Nairobi; or emailed to regulations@nhif.or.ke; to be received on or before, 7^th March, 2022, at 5:00 pm. Thereafter the Chief Executive Officer shall forward the comments, views, representations or written memoranda received to the NHIF Board. The five (5) sets of draft regulations may be found on the NHIF website at http://www.nhif.or.ke.

FURTHER NOTE, the NHIF will concurrently conduct public hearings for stakeholder engagements on the following dates and venues: