Government violating the National Health Insurance Act, 2012, (Act 852) - Minority

The Minority caucus in Parliament has called for the immediate withdrawal from the legislature of the proposed 2017 National Health Insurance Authority (NHIA) formula. This was contained in a press statement read by the spokesperson on health for the Minority in Parliament.

The proposed NHIA Fund formula in its present state is at variance with the National Health Insurance Act, 2012, Act 852, since there is no Board approval to that effect, the statement said.

Addressing a press, the Ranking Member on Committee on Health, Hon. Joseph Yieleh Chireh, chided the Akufo-Addo-led government for blatantly disregarding the law and do things their own way.

“The failure of the Ministry of Health or for that matter the Government of the NPP under President Nana Addo Danquah Akufo-Addo to constitute a governing board for the National Health Insurance Authority six clear months after taking power is either a demonstration of incompetence or a lack of urgency contrary to the claim by the President that he is a man in a hurry.”

“The failure to adhere to laid down procedure and disrespect for laws, institutions and structures in seeking approval of the 2017 NHIA formula is yet another manifestation of the lawlessness that has characterized this particular NPP administration despite the self-touting of its credentials as a political party that believes in the rule of law.”

Below is the full statement:

STATEMENT BY THE MINORITY ON THE APPROVAL OF THE FORMULA FOR THE DISBURSEMENT OF THE NATIONAL HEALTH INSURANCE FUND WITHOUT THE BOARD OF THE NATIONAL HEALTH INSURANCE AUTHORITY

The National Democratic Congress Minority in Parliament wishes to draw attention to the flagrant violation of the National Health Insurance Act, 2012, (Act 852) by the Akufo-Addo Government.

On Tuesday 20th June, 2017, the proposed Formula for the disbursement of the National Health Insurance Formula was laid before the House and referred to the Committee of the Whole for consideration.

Indeed, when copies of the proposed formula were distributed to members, we on the Minority side were taken aback because the National Health Insurance Authority currently has no governing board.

As per Section 42 of Act 852, the Act establishing the National Health Insurance Authority, the formula is to be presented to the House after the Board of the National Health Insurance Authority has considered and approved it.

To quote the relevant section to buttress our point, Section 42 reads as follows;

“Disbursement from the Fund’’

42(1) The Authority shall allocate and disburse moneys from the Fund in order to achieve the objective of the fund

(2) The Authority shall within three months after the passing of the Appropriation Act submit to Parliament for approval the formula for the disbursement of the fund.

(3) The authority shall in the preparation of the formula and disbursement of moneys from the Fund ensure the sustainability of the Scheme.

In the absence of the Board for the National Health Insurance Authority, approval of the formula will be illegal and against the National Health Insurance Authority Act 2012, (Act 852).

For the avoidance of doubt, Section 4 (3) of Act 852 states:

“Governing body of the Authority

4(3) The Board shall ensure the proper and effective performance of the functions of the Authority.’’

The failure of the Ministry of Health or for that matter the Government of the NPP under President Nana Addo Danquah Akufo-Addo to constitute a governing board for the National Health Insurance Authority six clear months after taking power is either a demonstration of incompetence or a lack of urgency contrary to the claim by the President that he is a man in a hurry.

The failure to adhere to laid down procedure and disrespect for laws, institutions and structures in seeking approval of the 2017 NHIA formula is yet another manifestation of the lawlessness that has characterised this particular NPP administration despite the self-touting of its credentials as a political party that believes in the rule of law.

We call on the Minister of Health to withdraw from Parliament the 2017 NHIA formula with immediate effect and hereby serve notice that the Minority will not accept any referral from the National Health Insurance Authority and the Ministry of Health on same until a governing board has been properly and duly inaugurated.

Joseph Yieleh Chireh

Ranking Member

Committee on Health

(Issued in Parliament on Tuesday 27th June, 2017)