By Kabuye Ronald
Principal Judge Flavn Zeija has ordered for the transfer of a case which seeks among other orders to stop exorbitant pricing for health care services filed by Health Equity and Policy Initiative (HEAPI) in high court of Uganda Lira.
The principal judge ordered for the transfer of the miscellaneous cause to Kampala High court for quick management.
HEAPI filed a public interest human rights enforcement case at the High Court of Lira in 2020 seeking for a declaration that government’s omission and failure to standardize levies, rates, and pricing of medical services provided by private health facilities for legitimate purposes of availability, accessibility and affordability threatens and violates the patients’ right to be free from torture or cruel, inhuman or degrading treatment as well as their rights to life, health, human dignity, equality and freedom from discrimination enshrined in Articles 24, 45(a), 22, 45, 20, & 21 of the Constitution of the Republic of Uganda, 1995 as amended; and all relevant Regional and International Human Rights Instruments to which Uganda is a signatory.

The applicant seeks an order compelling government to urgently consult all stakeholders and formulate and introduce fair and affordable payment ceilings for all medical treatments provided by private health facilities and the same be published in places accessible to the general public.
The suit is premised on a letter dated 24th October 2019 which Health Equity and Policy Initiative (HEAPI) wrote to the Minister of Health requesting government to restrain private hospitals from overcharging and conditioning patients to make advance payments for medical services in addition to detaining of patients and dead bodies for pending medical bills.
The case is also a follow up to the letter dated 24th, March 2020, in which HEAPI also requested the prime minister’ office to waive taxes on medical goods. The applicant contends that the above concerns were not effectively addressed. And with COVID situation at hand, private hospitals have escalated medical rates.
The HEAPI case seeks court intervention in compelling government to issue regulations that shall among others restrain all private hospitals from detaining patients and holding bodies of deceased persons for pecuniary reasons; provide penalties for exorbitant pricing of life saving medical goods and services; provide emergency care protocols for the immediate admission and treatment of critically ill patients in private health facilities without subjecting them to conditional payments; as well as facilitate and create regional grievance redress avenues for patients and relatives of patients to report incidents of maltreatment by private health facilities.