SHA Warns Hospitals Against Turning Away Patients Seeking Emergency Care

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NAIROBI, Kenya, Aug 2 — The Social Health Authority (SHA) has warned contracted healthcare providers against refusing, delaying or withholding emergency treatment from patients who are unable to pay or meet financial requirements.In an enforcement notice issued on August 1, 2026, SHA Chief Executive Officer Mercy Mwangangi reminded all contracted facilities that access to emergency medical treatment is a constitutional right guaranteed under Article 43(2) of the Constitution of Kenya.SHA said healthcare providers are contractually required to offer mandatory emergency medical services and must not deny or delay treatment because a patient cannot immediately meet financial obligations.The authority said no patient requiring emergency medical care should be denied, delayed, referred or transferred solely because they cannot pay, lack benefit confirmation, or have not provided a deposit, advance payment or financial guarantee.Hospitals have also been directed not to hold up emergency treatment while waiting for insurance verification or completion of other administrative procedures.SHA said eligible emergency treatment provided during the first 24 hours will be financed through the Emergency, Critical and Chronic Illness Fund (ECCIF).After the initial 24-hour period, eligible services will be financed through the Social Health Insurance Fund (SHIF) or other applicable payment arrangements.The authority further directed facilities that lack the capacity to continue managing an emergency patient to first stabilise the patient before referring them to an appropriate contracted facility.Such referrals must be undertaken in accordance with Ministry of Health Referral Guidelines and the terms of the SHA contract.The latest directive echoes an earlier warning by Health Cabinet Secretary Aden Duale, who on March 10, 2026, cautioned SHA-contracted facilities against denying patients emergency treatment because of system downtimes or delayed reimbursement claims.Speaking at Afya House during a meeting with officials from the Kenya Union of Post-Primary Education Teachers (KUPPET) on the transition of teachers to SHA, Duale said emergency services must continue uninterrupted.“No hospital should turn away a patient. We have seen cases where health facilities use excuses such as the system being down or claims that they have not been paid. If any facility turns away patients without a valid reason, action will be taken against it,” Duale said.Dr. Mwangangi warned that healthcare providers found to have refused, delayed or withheld emergency treatment could face de-empanelment and other contract enforcement measures, including termination of their SHA contracts.She added that such measures would be without prejudice to any other action that may be taken by relevant regulatory or enforcement authorities.SHA has directed all Chief Executive Officers, medical superintendents, facility administrators and emergency department staff to ensure the enforcement notice is communicated to clinical, admissions and finance personnel.The authority ordered immediate compliance across all SHA-contracted healthcare facilities.The directive reinforces the constitutional right to emergency medical treatment and makes clear that a patient’s inability to pay, pending insurance verification or administrative challenges should not prevent them from receiving urgent, life-saving care.