The Ministry of Health has directed employers to register their employees with the Social Health Authority (SHA).
In a letter dated July 19, Health Principal Secretary Hillary Kimtai called on employers to complete the registration process following a High Court ruling on July 12, 2024, related to the Social Health Insurance Act.
The Court’s decision affirmed the merit of the petition and instructed Parliament to carry out proper sensitization and public participation in accordance with the Constitution. The Court also mandated amendments to address the unconstitutional provisions of the Social Health Insurance (SHI) Act.
The SHA, through the Office of the Attorney General, requested and obtained a 45-day stay of execution on the judgment to explore the best possible solutions.
During this 45-day period, the Principal Secretary confirmed that the status quo before the judgment remains in effect. Employers will continue to remit contributions at National Health Insurance Fund (NHIF) rates, and beneficiaries will receive benefits under the NHIF Act until September 30, 2024.
The letter specified that employers have a 45-day window, beginning from the directive’s date, to comply with the registration requirement. The Principal Secretary urged employers to ensure their employees are registered with SHA to facilitate a smooth transition.
“In view of the above therefore all Employers are urged to have their employees to register with the Authority (Social Health Authority) to enable seamless transition. Thank you for your continued partnership in financing the healthcare needs of our fellow countrymen,” the letter reads in part.
The Court’s ruling also requires that sensitization and public participation occur within 120 days from the judgment date. If Parliament fails to meet this requirement, the Social Health Insurance Act, Digital Health Act, and Primary Healthcare Act could be declared unconstitutional.
