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Ministry unveils proposed regulations under Digital Health Act

The Ministry of Health has engaged stakeholders on the proposed regulations for the Digital Health Act which seeks to have an integrated digital healthcare system and data that is well protected.

Regulations for the Act which was enacted on October 19, 2023 are set to provide a framework of digital health services and establish comprehensive integrated digital health information systems.

The framework entails key drafted Digital Health Regulations on data exchange, the use of e-health applications and technologies and health information management.

Speaking during the meeting held on Monday in Nairobi, the Director General(DG) for Health Dr Patrick Amoth stated that the Act is aligned with the country’s Bottom-Up Economic Transformation Agenda (BETA) as it entails issues to do with the digitization of the health system.

“With the digital health law, we will be able to achieve better healthcare through the use of advanced technology that underpins the rollout of our Social Health Insurance Fund (SHIF),” he said.

Director-General further mentioned that the Ministry has been able to formulate the Primary Health Act that would be able to deliver efficient healthcare service through the primary healthcare approach and care networks.

Dr Amoth noted that the Ministry wants to develop a digital super highway where all forms of technology from multiple streams are intertwined to ensure transparency of data from any facility.

“We are working together with the Office of the Data Protection Commissioner to ensure that the data sharing process will have several steps of approval before it is shared,” he stressed.

The Director General stated that the Ministry through the Digital Health Agency is working with other relevant bodies to ensure that an individual’s data is secure from cyber criminals.

“Our wish in the future is to have a system that can identify a doctor, his registration number and the facility where he or she is based and whether the person is qualified to offer the service,” he said.

During the meeting, Ministry of Health Legal Division Representative Justice Thuranira said the Data Exchange Regulation, has a mandate of not only providing the exchange of health information within the system, but also ensuring the administration and management of the system.

“In the administration of the system, the Digital Health Agency shall be guided by digital health standards issued by the Cabinet Secretary for Health and Information Communication and Technology (ICT) standards issued by the Cabinet Secretary for Information, Communication and the Digital Economy,” he stated.

On the matter of e-health applications and technologies, Thuranira mentioned that a healthcare provider and the facility would use a digital health solution that has been certified by the agency in the provision of healthcare services.

“The agency shall give user access to the system to a health data controller of a certified digital health solution,” he stated.

Thuranira announced that the Kenya Health Data Governance Framework under health information management regulations would be a reference document for the management of health data as it would be used to govern the collection, access, sharing and use of data.

By Manu Mumba and Allan Wandera

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