In Summary
- The implementation of the Electronic Tax Invoice Management System (ETIMS)
- KRA seeking to force medical practitioners to disclose patients data
- Potential compromise of patient confidentiality
The Medical Practitioners & Dentists community wishes to alert the Kenyan public to the Government of Kenya’s interference with the delivery of health services through the Kenya Revenue Authority (KRA).
Electronic Tax Invoice Management System (eTIMS)
The KRA’s introduction of the Electronic Tax Invoice Management System (eTIMS) via the Finance Act, 2023, and a public notice dated 07/11/2023 seeks to compel Medical Practitioners to disclose patient data, including names, sex, hospitalization, and treatment details, to the Kenyan Government through the KRA eTIMS system.
”We are of the firm view that it is not possible for Medical Professionals and specifically Hospitals, Medical Practitioners, Dentist and Pharmacists to process the Sensitive Health Data required for invoicing under eTIMS without violating the Constitution and the Law as established in the Republic of Kenya including but not limited to the Health Act, the Patient Rights, the Data Protection Act, the Hippocratic Oath, the Medical Practitioners & Dentists Act and the Digital Health Act’’.Narrated Dr. Simon Kigondu.
This move threatens to prejudice public employment opportunities and service provision.
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Medical Service Delivery To Be Compromised
Recent media reports have highlighted how KRA used medical and pregnancy tests to unfairly deny employment to deserving Kenyans.
This implementation violates the Constitution of Kenya, 2010, which guarantees the right to health as a fundamental human right under Article 43(1)(a), including the right to health care services and privacy.
The KRA eTIMS infringes on patient confidentiality by obtaining sensitive health data without consent, contravening the Health Act, which mandates confidentiality of health information under Section 11(1).
Moreover, the Data Protection Act, 2019, imposes significant fines for breaching data privacy, putting doctors at risk of penalties for disclosing confidential patient information under the eTIMS system.
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Delays in settlement of medical bills
The implementation of eTIMS is also expected to impede emergency medical work, with the system’s unreliability causing delays in invoicing and compromising patient care.
There is an urgent need to exempt the Health Services Sector from Section 23A of the Tax Procedures Act, 2015, to safeguard patient rights and efficient care delivery.
Despite engagement between stakeholders and KRA, concerns about the challenges posed by eTIMS to healthcare professionals remain unaddressed.
It is imperative for KRA to recognize and address these challenges to ensure the effective and ethical delivery of healthcare services in Kenya.
