Zimbabwe compels private hospitals to treat emergency patients regardless of ability to pay

Zimbabwe compels private hospitals to provide emergency treatment regardless of payment

HARARE – Private health institutions in Zimbabwe are now legally required to admit and provide emergency treatment to patients with life-threatening medical conditions regardless of their ability to pay, following the gazetting of the Medical Services Amendment Act, 2026.

The new legislation marks a significant reform of Zimbabwe's healthcare system by placing a statutory duty on private hospitals, clinics and healthcare practitioners to provide life-saving treatment before discussing payment arrangements. Under the law, private health institutions must provide emergency medical treatment and stabilise patients for up to 48 hours, or until they can be safely transferred to another appropriate health facility capable of providing continued care.

The Act defines emergency medical treatment as healthcare necessary to treat or prevent a life-threatening but reversible deterioration in a person's condition that poses an immediate risk to life or could result in permanent damage to their long-term health. The legal obligation remains in force until the patient's condition has been stabilised or the medical emergency has been adequately addressed.

The legislation also strengthens the Government's ability to respond to public health emergencies. Under the amendments, the Minister of Health and Child Care may direct private health institutions to provide specialist medical services to patients referred from public hospitals during public health emergencies or other exceptional circumstances where public facilities are overwhelmed or unable to provide the required care.

Health policy experts have long argued that stronger collaboration between the public and private healthcare sectors is essential to improve access to critical medical services, particularly during disease outbreaks and other national emergencies.

While the law guarantees emergency medical care irrespective of a patient's financial circumstances, it also establishes a legal framework allowing private healthcare providers to recover the costs incurred. Hospitals may reclaim treatment expenses through agreements with the State or, where appropriate, directly from patients, ensuring that healthcare providers are not left to absorb the financial burden of emergency treatment. The amendments seek to strike a balance between protecting patients' constitutional right to emergency healthcare and maintaining the financial sustainability of private medical institutions.

The new law introduces criminal penalties for healthcare institutions and practitioners who unlawfully refuse to provide emergency treatment. Heads of private health institutions who deny admission to emergency patients without lawful justification, as well as healthcare practitioners who refuse treatment without the authority of the institution, may face a Level 8 fine, imprisonment for up to one year, or both.

The legislation is expected to improve access to emergency healthcare, particularly for accident victims and critically ill patients who have previously faced delays in receiving treatment because of demands for upfront payment. Healthcare advocates have welcomed reforms aimed at ensuring that no patient is denied life-saving medical attention due to financial constraints, while also providing legal certainty for private hospitals on recovering the costs of emergency care. The Medical Services Amendment Act, 2026 takes effect immediately following its publication in the Government Gazette.

Zimbabwe Medical Services Amendment Act 2026