Legal Alert: Overview of the Social Health Insurance Regulations 2024

 

Introduction

On 8th March 2024, the Social Health Insurance Regulations 2024 were gazetted. These regulations aim to implement the Social Health Insurance Act following the government’s directive to transition from the National Hospital Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF).

 

Key Provisions In Relation To Employers/Employees

Mandatory Registration (Regulation 3 & Regulation 4)

Every resident of Kenya must register under SHIF as mandated by Section 26(1) of the Act. These regulations apply specifically to the implementation and administration of the Social Health Insurance Fund.

 

Commencement Date (Regulation 11)

Registration Deadline: All residents must apply for registration by 30th June 2024.

Commencement of Contributions: Payments and access to healthcare services will begin on 1st July 2024.

Registration Process: Applicants must submit a form, including photographs and biometrics, and will receive confirmation of registration within 14 days.

 

Transition from NHIF (Regulation 13)

Individuals currently registered with NHIF must re-register with SHIF.

Any pre-paid amounts to NHIF will be transferred to SHIF.

 

Registration of Children (Regulation 15)

Children must be registered with SHIF within 14 days of birth, accompanied by a birth notification.

 

Contributions for Salaried Employees (Regulation 17)

Contribution Rate: 2.75% of the gross salary or wage, subject to a minimum of Kshs. 300 per month.

 

Payment Deadline: Contributions must be paid by the 9th of each month.

 

Employer Obligations (Regulation 22)

Employers must deduct contributions from salaried employees and remit them to SHIF by the 9th of each month.

Employers must notify SHIF within 30 days of an employee’s termination and remit the final contribution.

Employers are also required to register with SHIF using the form provided in the schedule of the regulations.

 

Conclusion

The Social Health Insurance Regulations 2024 require that all residents register with SHIF by 30th June 2024, with contributions starting on 1st July 2024. Employers are responsible for deducting and remitting these contributions. Registration can be completed through the SHIF portal on the at https://sha.go.ke/

 

 

Researched and compiled by Nicholas Weru, Senior Advocate. For further advice on any matters raised, please feel free to contact Nicholas.

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