Private Health Institution Bill: Private Clinics Denounce Lack of Consultation
The Ministry of Health is preparing a new Private Health Institution Bill with support from the European Union. Dr. Dawood Oaris, president of the association of private clinics, contests this approach and regrets the lack of prior consultation, advocating instead for amendments to the existing 1989 law.
Currently, the Ministry of Health is working on a new Private Health Institution Bill, with technical support from consultants provided by the European Union. According to Minister Anil Bachoo, who spoke in Parliament on October 7, this bill will modernize the legislation by introducing new provisions focused on transparency and accountability.
This announcement has raised concerns for Dr. Dawood Oaris, president of the private clinics association. He believes the minister would be better served by introducing new regulations to the Private Health Institution Act (PHIA) of 1989 rather than proposing new legislation that encompasses various entities.
"Before discussing a new Private Health Institution Bill, has the public been consulted along with various stakeholders before drafting the bill?" Dr. Oaris questions. He also wonders about the consideration given to private clinic leaders regarding the proposed amendments.
Minister Anil Bachoo has claimed that the way forward will depend on thorough consultations with all stakeholders, including patient associations, healthcare professionals, private operators, and insurance companies. However, Dr. Oaris questions when these discussions will take place. Will they happen after the document is finalized or before the bill is presented to Parliament?
"I received a draft which I rejected," he adds, stating that it is "poor and contains numerous shortcomings." He explains that he met with the EU consultant and refuted all of their arguments. With 50 years of experience in the healthcare system, he laments that his proposals have not been considered.
Dr. Oaris reminds that the Private Health Institution Act of 1989 regulates all private clinics. "Health Ministry officials can visit clinics anytime for inspections. And in case of violations, they can alert the institution's leaders so that appropriate measures can be taken." If there were shortcomings, the authorities should have consulted the association: "What study has been conducted to claim that this law is non-compliant?"
Referring to the PHIA, Dr. Oaris emphasizes that article 11(a) allows the minister to add regulations. "If there are incorrect elements in the current law, the minister could simply introduce regulations rather than propose a new bill," he clarifies. Furthermore, the ministry has made modifications in the past, such as increasing licenses after consultation.
Moreover, the PHI Bill currently in preparation concerns not only clinics but also laboratories, pharmacies, and private doctors. This grouping risks causing issues, he analyzes. How can one control the fees of institutions that do not offer the same facilities? "All clinics provide the same basic treatments but not all offer the same types of care. 'You can't mix apples and oranges,'" says Dr. Oaris. He believes each institution should have its own law.
Private institutions should not be seen as "enemies" but as partners, he continues. "As president of the private clinics association, I assert that we are complementary," reminding that the Minister of Health is responsible for both public and private sectors. While the minister seems keen on enhancing the public service, he insists: "The treatments in the public health service are extraordinary."
The Health Minister, Anil Bachoo, has stated in Parliament that the government is committed to ensuring that citizens no longer need to turn to private clinics. His strategy relies on the continuous improvement of public hospitals: creating specialized units equipped with cutting-edge technology, enhancing staff skills, modernizing infrastructure, and acquiring state-of-the-art equipment.
The ministry is also expanding agreements with foreign hospitals to offer free specialized treatments to Mauritians and increasing the number of visiting consultants in public hospitals. The minister also encourages the establishment of reputable private hospitals to increase competition and lower costs.
According to Anil Bachoo, the previous decade weakened the public sector due to understaffing and lack of incentives, pushing patients toward the private sector. The government's goal is to restore trust in the public system so that patients choose private care by choice rather than necessity.