The National Health Act (NHA) 2014, is widely regarded as the most system-changing law in the health sector since the country’s independence in 1960.
The 60-section legislation requires all citizens and legal inhabitants of the country to have health insurance.
It incorporates all types of health insurance under a decentralized federal framework.
The Jurist Newspaper limited, highlights provisions of the law which Nigerians need to know
Establishment of the Basic Healthcare Provision Fund (BHCPF)
Section 11 of the National Health Act established the BHCPF as a catalyst funding to increase access to primary healthcare.
It funds a Basic Minimum Package of Health Services (BMPHS), enhances fiscal room for health, and develops the national health system, especially at the primary health care level.
The fund provides for the normal daily operating costs of PHCs, ensuring access to healthcare for all, particularly the poor, and thereby contributing to total national productivity.
However, an annual grant provides the funds from;
(a) The Federal Government of Nigeria of not less than one percent (1%) of the Consolidated Revenue Fund (CRF)
(b) Grants by international donor partners;
(c) Funds from any other source, inclusive of the private sector.
Privacy rights of patients
Section 26(1) of the NHA requires the healthcare sector to keep information confidential.
It states that “All information concerning a user, including information relating to his or her health status, treatment, or stay in a health establishment, is confidential.”
It says, do not share a person’s health-related information unless you meet one of the following requirement;
(a) Written consent is obtained from the person
(b) Disclosure is mandated by a court order.
(c) In the case of a minor, with the request of a parent or guardian.
(d) If the person is unable to grant consent, disclosure may be made upon request by a guardian.
(e) When it is in the interest of public health.
Accordingly, Section 27 of the Act allows for the disclosure of health records to any other person, health care provider, or health establishment.
You can permit the disclosure of information when you deem it necessary for a legitimate purpose within your scope of duty or when it serves the best interest of the user.
Receiving money for tissue, blood donation illegal
Going by the Act, anyone who contrarily receives money for tissue or blood donation has committed an offence worthy of fine or imprisonment.
According to section 60 of the Act, it is an offence if;
(a) Anyone who has donated tissue, blood or a blood product to receive any form of financial or other reward for such donation, except for the reimbursement of reasonable costs incurred by him or her to provide such donation.
(b) Anyone sells or trades in tissue, blood, or blood products except for reasonable payments made in appropriate health establishments for the procurement of tissues, blood or blood products.
A person who contravenes under subsection (l) of the section commits an offence and is liable on conviction to a fine of NI00,000 or to imprisonment for a period not exceeding one year or to both.
Seeking treatment abroad by government officials with public funds, unlawful
Section 46 of the Act forbids government employees from seeking medical treatment overseas with public funds.
The only exception to this is if the public official is on the recommendation of a medical board, approved by a commissioner or minister.
While there is no specified punishment for flouting this law, the House of Representatives on February 9 passed for second reading, a bill to provide sanctions against public officials using public funds to seek medical treatment overseas.
Human resources for health
Part 5 of the Act provides for the development and delivery of human resources in national health systems.
Part 5 (1) of the Act says the National Council shall develop policy and guidelines for, and monitor the provision, distribution, development, management and utilization of human resources within the national health system.
The policy and guidelines stated in subsection (1) of the section shall amongst other things, facilitate and advance the following;
(a) Adequate distribution of human resources
(b) Provision of appropriately trained staff at all levels of the national health system to meet the population’s health care needs.
(c) Effective and efficient utilization, functioning, management and support of human resources within the national health system.
They formed the NHA to deal with public health issues, particularly among the less privileged in the society.
Surprisingly with this Act in place, it is a troubling trend that most Nigerians continue to bear the burden of out-of-pocket healthcare spending.
