Digital techologies expand space for private sector in healthcare

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The private sector commands approximately 45 percent of all goods, services, products and technologies in Kenya’s health sector. This is according to the Public Private Collaboration Strategy developed by the Ministry of Health.

Recent legal and regulatory reform initiatives in Kenya, coupled with the move towards sustainable health systems, presents various opportunities for increased participation of the private sector in the country’s healthcare. One such opportunity for public-private collaboration lies in digital ecosystems, which are set to play a critical role in the future of healthcare.

The Digital Health Bill that was recently published for introduction in the National Assembly is therefore quite timely. If the Bill becomes law, it will provide a framework for digital health services, including establishment of a comprehensive, integrated digital health information system and protection of personal health information.

Private sector engagement in the development and management of the integrated digital health information system would enable health workers to focus on their core mandate of providing care, while leveraging on private sector innovation and expertise on issues to do with the digital health information system.

Kenya’s skyrocketing mobile penetration also puts the country at a vantage point for innovation and growth in digital health, particularly through mobile technologies. The Communications Authority of Kenya recently reported that mobile penetration in Kenya surpasses the country’s population by approximately 12 percent.

While it is hoped that digital health technologies shall follow the route that the burgeoning fintech innovations have followed, issues to do with data protection and e-waste management will need to be carefully navigated, given the sensitive nature of health data.

In addition, the government will need to invest in infrastructure required to support digital health. The ongoing automation of core public services (including with respect to health services) is therefore welcome.

Installation of high-speed fibre optic infrastructure in health facilities has also been included as one of the flagship programmes in the country’s National Digital Masterplan. This will go a long way in supporting digital health.

Another emerging frontier in public-private collaboration in healthcare relates to primary health care. Primary health care is the first level of contact with the health system. It focuses on preventing disease and the underlying social determinants of ill health (such as water supply, sanitation and solid waste management).

Counties are critical stakeholders in the delivery of primary health care, noting that it is a devolved public function assigned to County Governments under the Constitution.

Kenya’s Health Public Private Collaboration Strategy recognises that county-level collaboration with non-state actors has been an area of weakness. This weakness has partly been attributed to the lack of a robust legal and regulatory framework to guide cooperation at the county-level.

In keeping with the Government’s Bottom-Up Economic Transformation Agenda, reforms are currently underway with respect to the legal and regulatory framework governing primary health care. The Primary Health Care Bill that was recently published and is set for introduction into the Senate, provides a framework for delivery of, access to and management of primary health care. It also provides greater clarity on roles and responsibilities with respect to primary health care services.

By way of example, it provides that County Governments shall be responsible for adopting supportive and innovative modern approaches in the promotion of primary health care. County Governments can leverage on private sector efficiencies and innovation in this respect. The Bill also provides that County Governments shall be responsible for enhancing availability of quality services, including through public private partnerships.

Once passed into law, the Primary Health Care Bill will go a long way in promoting private participation in the delivery of the country’s health agenda.

To attract private investments, various interventions will be required, including development of a well-structured, investment-ready pipeline of projects by the relevant level of Government. Investing in project preparation will be crucial in delivering the desired health outcomes from public-private collaboration.

Cynthia Olotch is Partner at Iseme, Kamau & Maema Advocates.

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