The Government Financial Management (Health Sector Services Fund) Regulations, 2007

Legal Notice 401 of 2007

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Legal Notice 401 of 2007
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Government Financial Management Act
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LAWS OF KENYA

GOVERNMENT FINANCIAL MANAGEMENT ACT

THE GOVERNMENT FINANCIAL MANAGEMENT (HEALTH SECTOR SERVICES FUND) REGULATIONS, 2007

LEGAL NOTICE 401 OF 2007

  • Published in Kenya Gazette Vol. CIX—No. 100 on 24 December 2007
  • Commenced on 24 December 2007
  1. [Amended by Government Financial Management (Health Sector Services Fund) (Amendment) Regulations, 2009 (Legal Notice 79 of 2009) on 5 June 2009]

1. Citation

These Regulations may be cited as the Government Financial Management (Health Sector Services Fund) Regulations, 2007.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Committee” means the respective Committee established under regulation 5;“financial year” means the period of twelve months ending on the 30th June in each year;“Fund” means the Health Sector Services Fund established under regulation 3;“health facility” means a health centre, dispensary or a nursing home and includes the equivalent registered faith based health facilities;“Minister” means the Minister for the time being responsible for Public Health and Sanitation;“National Committee” means the Committee established under regulation 6;“officer administering the Fund” means the accounting officer of the ministry for the time being responsible for Public Health and Sanitation;“user charges” means cost-sharing charges.[LN 79 of 2009, r. 2.]

3. Establishment of the Fund

(1)There is hereby established a Fund to be known as the Health Sector Services Fund.
(2)The Fund shall consist of—
(a)Monies appropriated by Parliament for that purpose;
(b)Grants or donations made;
(c)Monies received as user charges;
(d)Income generated from the proceeds of the Fund.
(3)There shall be paid out of the Fund payments in respect of any expenses incurred in pursuance of the object and purpose for which the Fund is established.
(4)Any expenditure incurred by a health facility on the Fund shall be on the basis of, and limited to, the annual allocation and the Authority to incur Expenditure.
(5)The receipts, earnings, accruals and the balance of the Fund at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for the purpose for which the Fund is established.

4. The objects and purposes of the Fund

The objects and purposes of the Fund are to—
(a)provide financial resources for medical supplies, rehabilitation and equipment of health facilities in the country;
(b)support capacity building in management of health facilities;
(c)support and empower rural communities to take charge of improving their own health;
(d)provide grants for strengthening of the faith based health facilities through their respective secretariats; and
(e)improve the quality of health care services in the health facilities.

5. Health Facilities Management Committees

(1)There are established Health Centre and Dispensary Management Committees whose composition and functions are specified in the Schedule.
(2)The Committees established under paragraph (1) shall exercise their specified functions in relation to such public health facilities as may, from time to time, be Gazetted by the Minister.[LN 79 of 2009, r. 3(1).]

6. National Health Services Committee

(1)There is hereby established a National Committee to be known as the National Health Services Committee.
(2)The National Committee shall consist of—
(a)a chairman, not being a public officer, appointed by the Minister;
(b)the Permanent Secretary of the Ministry for the time being responsible for matters relating to Public Health and Sanitation or his representative duly nominated by him in writing;
(c)the Permanent Secretary in the Ministry for the time being responsible for finance or his representative duly nominated by him in writing;
(d)the Director of Public Health and Sanitation, who shall be the Secretary; and
(e)three persons appointed by the Minister, of whom two shall be women and of whom—
(i)one who shall be appointed by virtue of his knowledge or experience in financial management;
(ii)one who shall be appointed by virtue of his experience in health care delivery management;
(iii)one who shall be appointed by virtue of his expertise and experience as a medical practitioner; and
(iv)one who shall be nominated by Health Non-Governmental Organisations Network.
(f)A maximum of three other persons as the Committee may deem
(3)A person shall not be appointed as chairman under paragraph (2)(a) unless that person—
(a)holds a university degree; and
(b)has at least five years experience in financial, business or economic management.
(4)The quorum at any meeting of the Committee shall be five members and the Committee shall meet four times in each financial year.[LN 79 of 2009, r. 4.]

7. Functions of National Committee

The National Committee shall—
(a)approve the work plans prepared by a health facility;
(b)ensure equitable distribution of resources to the health facilities; and
(c)review and approve annual expenditure statements of the health facilities.

7A.

The National Committee may delegate its functions specified under regulation 7(a) to an appropriate person where it deems necessary[LN 79 of 2009, r. 5.]

8. Fees

The fees payable as user charges under the cost-sharing programme, which shall be notified in the Gazette, shall be reviewed from time to time by the Minister in consultation with the Treasury.

9. Application of the financial and procurement regulations

The existing Government financial and procurement regulations and procedures shall apply in the administration of the Fund.

10. Administration of the Fund

The officer administering the Fund shall—
(a)supervise and control the administration of the Fund;
(b)open and operate a bank account at a bank approved by the Minister for the time being responsible for finance;
(c)develop a criteria for the allocation of funds for approval by the National Committee;
(d)prepare annual distribution of resources to facilities;
(e)if he thinks fit, in consultation with the National Committee, impose conditions on the use of the expenditure authorized by him or on his behalf and may impose any reasonable prohibition, restriction or other requirement concerning such use or expenditure;
(f)institute prudent measures for the proper utilization for monies deposited in the Fund using suitable internal controls and appropriate mechanisms for accountability including audit of accounts by internal auditors of the Ministry responsible for matters relating to finance;
(g)cause to be kept proper books of accounts and records relating to all receipts, payments, assets and liabilities of the Fund and to any other activities and undertakings financed by the Fund;
(h)prepare, sign and transmit to the Controller and Auditor-General in respect of each financial year and within three months after the end thereof, a statement of account relating to the Fund specifying all contributions to the Fund and the expenditure incurred from the Fund, and such details as the Treasury may from time to time direct, in accordance with the provisions of the Public Audit Act (No. 12 of 2003);
(i)furnish such additional information as he may be required that is proper and sufficient for the purpose of examination and audit by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act (No. 12 of 2003).

11. Winding up of the Fund

In the event of winding up of the Fund, the cash balances shall be transferred to the Exchequer while other assets of the Fund shall be transferred to the Ministry for the time being responsible for matters relating to Public Health and Sanitation.[LN 79 of 2009, r. 6.]

12. Revocation of L.N. 268/1990

(1)The Exchequer and Audit (Health Care Services Fund) Regulations, 1990 are revoked.
(2)On coming into operation of these Regulations, all the assets and liabilities of the Health Care Services Fund existing under the Exchequer and Audit (Health Care Services Fund) Regulations, 1990 shall be transferred to and vest in the Fund.

Schedule

Composition and Functions of Health Facilities Management Committees

[Rule 5, LN 79 of 2009, r. 7.]Health Centre and Dispensary Health Facilities Management Committees:
1.The total membership of each committee shall be at least seven and not more than nine members.
2.
(1)Each Committee shall consist of—
(a)a representative from the provincial administration in the area of jurisdiction;
(b)the person in charge of the health facility who shall be the secretary;
(c)the District Medical Officer of Health or his representative duly nominated by him in writing;
(d)the person in charge of the local authority health facilities or the area councilor; and
(e)the following persons, who shall be residents of the area of jurisdiction, appointed by the Minister or any other person authorized by him in writing—
(i)one person who shall have knowledge and experience in finance and administration; and
(ii)four persons of whom three shall be women.
(2)Each committee shall appoint a chairman, who shall not be an ex officio, from among its members.
(3)A member of a committee, apart from the ex officio, shall hold office for a period of three years and shall be eligible for re-appointment for one further term.
(4)A committee may, if necessary, appoint sub-committees that shall carry out specific functions.
(5)A committee shall meet at least four times a year and shall maintain records of its deliberations.
(6)The quorum for the meeting of a committee shall be five of all the members including the secretary.
(7)A committee shall be responsible to the officer administering the Fund.
3.Each committee shall—
(a)supervise and control the administration of the funds allocated to the facilities;
(b)open and operate a bank account at a bank to be approved by the Minister for the time being responsible for finance;
(c)prepare work plans based on estimated expenditures;
(d)cause to be kept basic books of accounts and records of accounts of the income, expenditure, assets and liabilities of the facility as prescribed by the officer administering the Fund;
(e)prepare and submit certified periodic financial and performance reports as prescribed; and
(f)cause to be kept a permanent record of all its deliberation’s.
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05 June 2009 this version
24 December 2007
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