Doctors have issued an ultimatum to the government demanding the suspension of the tax payment system(eTIMS) in the medical sector.
The Kenya Medical Association (KMA) in a statement noted that the government through the Kenya Revenue Authority (KRA) is interfering and crippling the delivery of Health Services in Kenya.
The doctors said that the introduction of mandatory use of eTIMS through the finance Act 2023 is forcing them to disclose patients’ data which is against the constitution including patient’s names, sex, hospitalization, and treatment details.
“The implementation of the KRA eTIMS to medical services is a clear and self-evident breach of the Constitution of Kenya, 2010 which stipulates that every person in Kenya is bound under the Bill of Rights in Chapter IV of the Constitution,” the statement read.
“This will expose the public prejudice in employment opportunities and public service provision.”
Also Read: KRA Explains New Way to Register for eTIMS as Deadline Approaches
Doctors Raise Challenges Concerning eTIMS
The doctors explained that giving information about patients’ diagnosis and treatment by becoming the communication hub between Doctors, hospitals and payers is an infringement of confidentiality in their profession.
Furthermore, the doctors said that the implementation of eTIMS will also affect Emergency Medical Work as the system requires that all invoices be raised through the KRA’s system which is often unresponsive and works poorly.
KMA president Simon Kigondu explained that Kenya is a major medical tourism hub and destination with patients coming from different parts of the world and their details will be put in the danger of compromise by eTIMS.
He said that the doctors took an oath to safeguard patients’ confidentiality and that International Law would render them fugitives if they continue to implement eTIMS requirements.
“Forcing Doctors in the name of Tax Compliance to disclose Patients data is a violation of the Kenya Constitution, a violation of the Data Protection Act and a violation of Human Rights as enshrined in the Kenyan and other Constitutions,” he said.
Also Read: How to Apply for KRA Tax Amnesty on iTax
Other Reasons Raised for Suspension
The doctors indicated that healthcare services are unique in nature and involve several stakeholders ranging from suppliers, insurance companies, health regulators and patients, thereby making integration within the eTIMS system complex, costly and administratively tedious and impractical.
Another challenge raised was that most medical clinics and healthcare facilities are small and medium enterprises and do not have the infrastructural and technical facilities to support healthcare services onboarding onto the eTIMS system.
Also, KMA stated that there will be a potential adverse impact on humanitarian aspects of medical treatment.
“It is a fact that doctors often treat patients from poor income households on humanitarian grounds and free of charge.
“Victims of accidents and violent crime victims often require emergency treatment without demonstrating the ability to financially meet the costs of their medical treatment as this is a requirement of the Constitution and the law,” the statement further read.
“In most of these cases, doctors significantly reduce or even wholly waive charges for patients who cannot pay. All these objectives would be repressed by the complex requirements of eTIMS compliance.”
“In the event that KRA shall not have so suspended the roll out of eTIMS, we will have no choice but to call for a nationwide strike with effect from Tuesday, 26th March 2024 alongside pursuing an urgent application in court to stop the eTIMS implementation,” KMA said in a statement.
