Senate propose jail term and fines for hospitals delaying emergency treatment

Both public and private healthcare facilities across Nigeria could soon face strict criminal penalties, including a maximum six-month prison sentence or a ₦300,000 fine, for rejecting or delaying emergency medical care.

A landmark piece of legislation, the National Health Act (Amendment) Bill, 2026 (SB. 759), successfully passed its second reading at the Senate plenary. The proposed law, sponsored by Senator Abdulaziz Musa Yar’Adua (APC, Katsina Central), aims to curb the widespread, fatal practice of hospitals turning away critical patients due to administrative red tape, demands for advance payment, or the absence of a police report.

The bill establishes mandatory operational standards, requiring medical facilities to conduct an initial patient assessment within 15 minutes of arrival and begin stabilization within 30 minutes.

For decades, stories of trauma victims, accident survivors, and acute medical patients being rejected or delayed at hospital gates have sparked national outrage. Many facilities historically demanded initial financial deposits or police clearance before rendering life-saving assistance, resulting in numerous preventable fatalities.

Leading the debate on the floor of the Senate, Senator Yar’Adua emphasized that access to emergency medical attention must remain an uncompromised right for every Nigerian citizen.

“The proposed amendment will ensure that patients receive timely, life-saving treatment regardless of their social status, wealth, influence or location,” Yar’Adua stated during Wednesday’s plenary.

“No healthcare provider, health worker or medical establishment should be allowed to deny anyone emergency medical treatment for any reason.”

Under the newly proposed framework, hospitals will no longer have discretionary leeway when facing critical emergency admissions. In cases requiring inter-facility transfers, the legislation mandates that referrals must be completely organized and finalized within three hours.

Structured timelines and accountability

The bill introduces clear operational benchmarks for medical personnel across secondary and tertiary facilities:

• Immediate Triage: Every emergency case must be evaluated by a licensed doctor or a certified nurse within 15 minutes of stepping into the facility.
• Rapid Intervention: Stabilization protocols must commence within half an hour of assessment.
• Strict Penalties: Any hospital or individual healthcare worker found guilty of violating these standards faces summary prosecution, leading to a fine of up to ₦300,000, six months’ imprisonment, or both.

The legislation has been referred to the Senate Committee on Health (Secondary and Tertiary) for comprehensive public hearings and legislative refinement, with a directive to report back to the assembly within four weeks.