New Law Makes It an Offence for Private Health Facilities to Turn Away Emergency Patients

Health and Child Care Minister, Dr Douglas Mombeshora

Zimbabwe has amended its health legislation to strengthen patient rights and place clear legal duties on both public and private health institutions, with a specific focus on emergency care.

The Medical Services Amendment Act, No. 3 of 2026 was passed by Parliament and assented to by the President. It introduces new definitions, standards, and enforcement mechanisms into the principal Medical Services Act [Chapter 15:13].

The most widely noted provision is a new section that directly addresses emergency admissions.
Emergency medical treatment is defined as interventions required to manage a life-threatening and reversible deterioration that poses an immediate risk to life or long-term health.

A private health institution must now admit and stabilize for at least 48 hours any patient with a condition posing an immediate danger to life, even if the patient cannot immediately pay. After stabilization, the patient may be transferred to a public facility with the necessary capacity.

The Minister may also request private facilities to provide specialist services that are unavailable in public hospitals during emergencies. The Ministry and private institutions may enter agreements for cost recovery, either from the State or the patient.

Any head of a private institution, or practitioner acting without authority, who fails to comply commits an offense and is liable to a fine or up to one year of imprisonment.

A new Part IIA introduces nationwide standards for how care is delivered.

Health providers must now inform patients about their condition, treatment options, associated risks, costs, and the right to refuse care, in a language and manner the patient understands.

They must also obtain informed consent before any procedure, with clear hierarchies for who can consent if a patient is incapacitated. Exceptions are allowed in emergencies where delay would cause death, irreversible harm, or a public health risk.

Health institutions must enable patients to participate in treatment decisions and ensure children receive care that is in their best interests even if parents object on other grounds. Obstructing a child’s care is now an offense punishable by a fine or up to one year in prison.

Upon discharge, the health provider is obliged to issue a report with details on treatment, prognosis, and follow-up needs.

All cases must be handled in confidence. Strict controls must be put in place to prevent unauthorized access, alteration, or copying. Breaches can attract fines or imprisonment.

Comprehensive and clear complaints procedures that are visible to the public and allow grievances to be lodged and referred appropriately are now mandatory at health facilities.

The law also sets rules for experimental or research treatment, requiring written authorization from the patient, the attending provider, the institution head, and a recognized ethics body.

The amendments recognize the rights of health workers, requiring institutions to minimize workplace injury and disease exposure. Providers may refuse to treat patients who are abusive or harassing, but must document the incident and report it to the Ministry for guidance.

A new provision also requires every health institution to treat persons under arrest, detention, or imprisonment on the same basis as other patients. The State will cover costs unless the individual chooses to pay.

The Act updates fee-setting to require consultation with providers before maximum charges are fixed for public facilities. It also aligns the anti-discrimination clause with the Constitution, prohibiting prejudice on any protected ground.

To ensure compliance, the Permanent Secretary for Health may refer breaches of the new standards to professional disciplinary bodies, or initiate proceedings to suspend or deregister private institutions, and to sanction public ones.

The Minister is further empowered to make regulations covering areas such as care for people with chronic illnesses, veterans, those over 70, persons with disabilities, reproductive health, pediatric care, and minimum standards for patient record systems.

The amendments are intended to guarantee timely access to care, improve transparency, and hold all health providers to the same baseline standards. While billing and insurance processes remain, the law makes clear that stabilization comes first in emergencies.

The Act is now in force as part of the Medical Services Act and is expected to guide how hospitals, clinics, and practitioners handle admissions, consent, records, and accountability going forward.

The latest amendment aligns with the National Development Strategy 2 (NDS2). Under NDS2, the primary health objective is to enhance social development and achieve universal access to quality healthcare. The blueprint focuses on making healthcare more equitable and accessible, shifting resources from central to peripheral levels.

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