Health
Withdraw health regulatory agency bill now, HCPAN urges N’Assembly
Angela Onwuzoo
Healthcare providers across the country, under the aegis of the Healthcare Providers’ Association of Nigeria, have unanimously opposed the establishment of the proposed National Health Facility Regulatory Agency and urged the National Assembly to withdraw the Bill in its current form.
The healthcare providers said the NHFRA Bill would not only worsen patients’ out-of-pocket catastrophic health expenditure and further shrink the already limited healthcare workforce by fuelling the japa syndrome, but would also duplicate the responsibilities of existing regulatory bodies.
The HCPAN members said they are not opposed to regulation but maintained that, if passed into law, the NHFRA Bill would hurt patients and frustrate the effective operation of private healthcare providers, who deliver over 60 per cent of healthcare services in Nigeria, through overlapping regulation and multiple taxation.
The private healthcare practitioners made their position known on Thursday in Lagos during a press briefing, reiterating that their opposition is not to regulation itself but to the unnecessary duplication of statutory responsibilities.
HCPAN is the national umbrella association representing private healthcare providers across Nigeria.
Addressing journalists, HCPAN National President, Dr Austine Aipoh, urged the National Assembly to withdraw the Bill in its current form and instead strengthen existing regulatory institutions.
Besides duplicating the functions of existing regulatory bodies, Aipoh said the proposed agency would worsen inter-professional conflicts in the already fragile health sector.
He called on the lawmakers not to consider the Bill but focus on adequately funding the ailing health sector and strengthening enforcement of existing laws rather than creating overlapping legislation.
He said, “After a comprehensive review of the proposed National Health Facility Regulatory Agency of Nigeria Bill, HCPAN respectfully submits that the establishment of the proposed agency is not the appropriate solution to achieving these objectives.
“Our position is not based on opposition to regulation. Rather, it is founded on the need for efficient regulation without unnecessary duplication of statutory responsibilities.”
Aipoh said HCPAN remains committed to working with the National Assembly, the Federal Ministry of Health and Social Welfare, state governments and all relevant stakeholders to develop an efficient, coordinated and sustainable healthcare regulatory framework that serves the best interests of all Nigerians.
PUNCH Healthwise reports that several health associations have opposed the NHFRA Bill, arguing that creating a new agency would lead to duplication of functions and disharmony among health workers.
The HCPAN president listed the duplication of the functions of existing federal and state regulatory agencies, as well as the creation of overlapping inspection, licensing and accreditation processes, as major concerns about the proposed bill.
He also cited increased regulatory and compliance costs for healthcare providers, higher healthcare costs for patients, conflicts between federal and state regulatory responsibilities, and the expansion of bureaucracy without clear evidence of improved patient outcomes as other key concerns.
According to him, the proposed NHFRA Bill confers powers on the agency to inspect, accredit, certify, monitor, investigate, sanction, and enforce compliance across virtually all categories of health facilities.
Aipoh stressed that these functions substantially overlap with responsibilities already assigned under existing legislation.
“If enacted in its current form, healthcare providers may be subjected to multiple inspections, multiple accreditation processes, multiple certifications, multiple regulatory fees and overlapping enforcement actions by different government agencies.
“Rather than simplifying healthcare regulation, the bill risks creating an additional layer of bureaucracy that will increase compliance costs without necessarily improving patient outcomes,” he said.
He further stated that HCPAN is concerned that the Bill expands the agency’s powers to suspend accreditation, trigger the withdrawal of state licences, impose sanctions, publish performance ratings and appoint external inspection entities, while the relationship between these powers and the existing statutory mandates of professional councils and state regulatory authorities remains insufficiently defined.
“We respectfully submit that this approach may result in regulatory duplication, jurisdictional uncertainty and avoidable administrative burdens for healthcare providers.
“Our position is that these objectives are best achieved by strengthening existing institutions rather than creating another federal regulatory agency with overlapping functions,” he said.
Aipoh reiterated that the proposed agency would duplicate functions already performed by regulatory bodies such as the Nursing and Midwifery Council of Nigeria, the Medical and Dental Council of Nigeria, the Pharmacy Council of Nigeria, the Medical Laboratory Science Council of Nigeria, the National Agency for Food and Drug Administration and Control, state ministries of health and state hospitals management boards.
He disclosed that Clause 7 of the proposed bill assigns the agency responsibilities, including standard-setting, inspection, accreditation and enforcement, over facilities and practitioners already regulated by existing statutory bodies.
Aipoh therefore urged the National Assembly to adopt HCPAN’s key recommendations for strengthening the health sector.
Besides withdrawing the NHFRA Bill and eliminating the duplication of regulatory responsibilities, he urged lawmakers to respect the constitutional responsibilities of state governments regarding healthcare regulation.
He further urged the National Assembly to preserve the statutory mandates of existing professional regulatory councils; promote coordination and joint inspections among regulatory bodies; develop a National Healthcare Regulatory Coordination Framework to harmonise the activities of existing institutions; undertake a comprehensive Regulatory Impact Assessment to determine the financial implications of any new regulatory framework; conduct wider consultations with all relevant stakeholders before taking further legislative action; and prioritise the enforcement of existing laws instead of creating overlapping legislation.
Aipoh stressed that HCPAN supports improved healthcare, stronger regulation, good governance, enhanced patient safety and better health outcomes, emphasising that the association is not opposed to health regulation.
He assured that HCPAN remains fully committed to working with the National Assembly, the Federal Ministry of Health and Social Welfare, professional regulatory councils and other relevant stakeholders to develop reforms that improve healthcare quality while promoting efficiency, accountability and ease of compliance.
Other HCPAN members who spoke at the media briefing unanimously endorsed the association’s position, urging healthcare providers to unite against the bill and do everything within their power to prevent it from becoming law.
They argued that the proposed legislation would not serve the interests of Nigerians, particularly patients, noting that everyone is either a patient or a potential patient at some point in life.
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