President assents to Overseas Diagnosis and Treatment Act |24 July 2018

New law details eligibility for overseas health care

Patients referred for overseas diagnosis and treatment, their families as well as all citizens of this country will now have access to a new law which details clearly the different procedures and all the necessary information that they will need with regard to eligibility for such care, among other related matters.

This is now possible after President Danny Faure yesterday morning signed the Overseas Diagnosis and Treatment Act into effect in a short ceremony at State House.

In attendance were the Designated Minister Macsuzy Mondon, the Minister for Health Jean-Paul Adam, health principal secretary and advisor Dr Bernard Valentin and Dr Loren Reginald respectively, among other key health professionals. 

The new law details the eligibility of a person for diagnosis and treatment overseas, the role and functions of the overseas diagnosis and treatment board, the decision procedures of the board, how people aggrieved by the decision of the board can seek recourse from the appeals committee, procedures for emergency transfers and procedures for a person to be refunded for personal expenses incurred for overseas diagnosis and treatment.

With regard to emergency transfers urgent approval may be given by the chairperson of the board and at least one other member and the manager of the overseas diagnosis and treatment unit will make immediate arrangements for the person to be transferred overseas.

The chairperson must record the reasoning for the decision within 48 hours of having been taken.

As for the possibilities of a refund under the new law, these are detailed as follows;

- if a person has fallen ill overseas and needed urgent treatment;

- if a person sought a second opinion and is diagnosed with a disease which was not diagnosed in Seychelles but required immediate treatment;

- if a person upon routine medical check-up overseas is diagnosed with a disease which was not diagnosed in Seychelles but needed immediate treatment;

- if the application for refund has been approved by the board;

- if an error of judgment was committed by the board in determining not to send the person for overseas diagnosis and treatment.

In remarks before the signing, Minister Adam described the event as historic, noting that the government has remained committed to continuously offer high level of care to its people including treatment overseas where necessary since the early 1990s.

Over the years more and more specialised treatment are being offered locally thus reducing to a large extent the number of cases referred for treatment abroad.

He gave as example the over 97% of all orthopedic surgeries which are performed here while at the same time the ministry continue to explore ways to continue domesticating these specialised health procedures.

“But there remain always a certain number of procedures that require specialist intervention not available in Seychelles and for that we have continued to support a programme of sending people overseas when necessary,” Minister Adam pointed out.

“This Act puts in very clear terms many of the procedures which are already in place and it highlights the way in which any citizen can have access to overseas treatment,” Minister Adam explained.

“It outlines the procedures which the specialists within the Seychelles Hospital can refer somebody for treatment overseas and it also speaks of the rights of citizens in relation to accessing that treatment,” Minister Adam went on to explain.

Minister Adam further pointed out that the Act brings certainty, more clarity to the procedures that the government has been conducting for many years and it enshrines the right for every Seychellois to get the best possible health care that is available in line with the policies of the Ministry of Health and the commitment of our Constitution.

The final draft of the Overseas Treatment Bill was approved by the Cabinet of Ministers on March 28 this year before it was considered and approved by the National Assembly on June 13.