By CHINYERE Nnaemeka
A Bill for a Law to Prohibit Medical Detention in Imo State and for other Related Matters has passed through second reading, and committed to the House Committee on Health for further appraisal.
This took place on Thursday during the House plenary as the Speaker also directed the Clerk of the House to organize for Public Hearing on the Bill.
Presenting the bill, the sponsor, and member representing Obowo State Constituency, Rt. Hon. Kennedy Ibeh decried that detaining patients, including mothers, children, and newborn babies, at the point of discharge is improper.
Ibeh pointed out that it is dehumanizing and an infringement on Human Rights, saying that there should be a balance which would accommodate people’s dignity.
He continue,”This Bill touches on the fundamental Human Rights. We have people who have become incarcerated in hospitals due to their inability to pay hospital bills. We should, therefore, have laws that have direct bearing on the lives of our people”.
The Bill he said has “15 sections, and when passed into Law, will be cited as the Imo State Medical Detention Prohibition Law.
Part of the bill provides:
“No Hospital or Medical Clinic shall detain a discharged patient or the body of a deceased patient due to non- payment of Hospital bills or medical expenses, except for – a patient, who has opted for private rooms or other forms of luxury care, mental health patients whose condition may require extensive retention for their safety and treatment course, Criminal or forensic patients whose detention may be necessary for legal or Public safety, Patients with contagious diseases whose detention may be necessary for public safety
“Patients requiring palliative care; End of – life care; Hospice Service; Necessary for comfort and dignity; Patients with ongoing insurance disputes or claims as their detention may be necessary to resolve payment issues
“Other than on any of the grounds expressly provided, any hospital or health care provider that detains a patient after discharge shall on conviction, be fined five Hundred thousand Naira (N500,000.00) or the operator imprisoned for a term of two(2) years.
“Any hospital that repeatedly violates the provisions of the bill, shall have the hospital’s license revoked. Revoked license may be revalidated only after one(1) year except on the order of a court of competent jurisdiction
“A hospital shall not decline emergency cases because “advance payment” could not be immediately made either by the patient or his conveyors. Any hospital that contravenes this shall be liable to a fine of One Million Naira (N1,000,000.00) and imprisonment for two (2) years.
“A hospital shall have right to collect its bill arising from the treatment of a patient who at the time of discharge could not immediately pay provided that – the patient is not detained after treatment and discharged so soon after; thirty days has elapsed after the patient was discharged and released to go out of the Hospital; a promissory note has been issued in the appropriate form by the patient in favour of the Hospital indicating willingness and mode of payment of the Bill; or two sureties in the prescribed form have undertaken to pay the Hospital Bill of the Patient.
” A hospital shall have the right to report the refusal of a patient to fill the prescribed form referred to in paragraphs(3) and (4) of Section 4 to an appropriate law enforcement agency which shall thereafter – arrest, detain, investigate and prosecute the patient or take custody of the patient and compel the patient to fill out the prescribed form under this Law.
“Any patient who willfully, after receiving treatment from a hospital refuses to commit to the paragraph (3) or(4) of Section 4 is guilty of an offence and on conviction shall be ilable to a fine of N500,000 or imprisonment for 2 years, including the payment of the Hospital Bill.
“A hospital at the expiration of 30 days after the receipt of the prescribed forms(s) may institute a Civil action in the High Court or a Magistrate Court with the requisite financial jurisdiction, to recover the Hospital Bill, among others”
The motion was co-sponsored by 14 lawmakers – the Deputy Speaker of the House, Rt. Chyna Iwuanyanwu (Nwangele), Hon Uche Francis Agabige (Orsu), Hon Sam Ikechukwu Osuji (Isiala Mbano), Hon Innocent Ikechukwu Ikpamezie (Mbaitoli), Hon Kanayo Onyemaechi (Owerri-West), Hon Johnleoba Iheoha (Ikeduru), Hon Gilbert Chiedozie Nwosu (Oguta), Hon Emeka Kingsley Ozurumba (Isu), Hon Johnson Duru (Ideato-South), Hon Ikenna Martin Ihezuo (Orlu), Hon PrincewilI Ugochukwu Amuchie (Aboh-Mbaise), Hon Ozioma Worship Benneth Ebonine (Njaba), Hon Chigozie Nwaneri (Oru-East), Hon Francis Uzoma Osuoha (Ohaji-Egbema).
The Speaker, Rt. Hon. Chike Olemgbe saying that the bill is a good one, directed the clerk of the House to organize for a Public Hearing of the bill.
He also referred the Bill to the House Committee on Health for them to submit their report about the Bill to the House on the 24th of October, 2025.