Ghana Medical Trust Fund Act, 2025 (Act 1144)

ARRANGEMENT OF SECTIONS

Ghana Medical Trust Fund

1. Establishment of the Ghana Medical Trust Fund

2. Object of the Fund

3. Sources of moneys for the Fund

4. Bank account of the Fund

5. Application of moneys of the Fund

Governance of the Fund

6. Board of Trustees

7. Functions of the Board of Trustees

8. Tenure of office of members of the Board of Trustees

9. Meetings of members of the Board of Trustees

10. Disclosure of interest

11. Establishment of committees

12. Allowances

13. Policy directives

Administrative Provisions

14. Secretariat of the Fund

15. Appointment of Administrator

16. Functions of the Administrator

17. Appointment of other staff

18. Secretary to the Board of Trustees

19. Appointment of an actuary

20. Internal Audit Unit

Financial Provisions

21. Expenses of the Fund

22. Exemptions

23. Accounts and audit

24. Annual report and other reports

Beneficiaries and Services

25. Beneficiaries of the Fund

26. Application for support

27. Services

28. Quality assurance

29. Enlistment of service providers

30. Variation, suspension and revocation of enlistment

31. Medicines list and medicines tariff

32. Service list and service tariff

Claims Payable to Service Providers

33. Submission of claims by enlisted service provider

34. Vetting of claim by Fund

35. Payments to enlisted service provider

36. Payment mechanisms for enlisted service providers

Third-Party Administrators

37. Appointment of third-party administrators

38. Qualification as third-party administrator

39. Application for registration as third-party administrator

40. Consideration of application for registration as third-party administrator

41. Suspension and revocation of registration of third-party administrator

Redress Mechanism

42. Appeal

43. Redress in court

Miscellaneous Provisions

44. Data privacy and security

45. Regulations

46. Interpretation

47. Consequential amendment

SCHEDULE

Consequential Amendment

LONG TITLE

AN ACT to establish the Ghana Medical Trust Fund to mobilise resources to finance and support the provision of specialised medical care for the treatment of persons with chronic diseases; to provide for the management of the Fund and for related matters.

DATE OF ASSENT

29th July, 2025.

ACT

Ghana Medical Trust Fund

1. Establishment of the Ghana Medical Trust Fund

(1) There is established by this Act, the Ghana Medical Trust Fund as a body corporate.

(2) The Fund may, for the performance of the functions of the Fund, acquire and hold property, dispose of property and enter into a contract or any other related transaction.

(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund.

2. Object of the Fund

The object of the Fund is to mobilise resources to finance and support the provision of specialised medical care for the treatment of persons with chronic diseases.

3. Sources of moneys for the Fund

The sources of moneys for the Fund are

(a) twenty per cent of total moneys allocated to the National Health Insurance Fund;

(b) moneys approved by Parliament;

(c) moneys that accrue to the Fund from investments;

(d) grants, donations, gifts and any other voluntary contributions made to the Fund; and

(e) any other moneys or property that may become lawfully payable or vested in the Board of Trustees for the Fund.

4. Bank account of the Fund

The moneys for the Fund shall

(a) vest in the Board of Trustees; and

(b) be paid into a bank account opened for the Fund with the approval of the Controller and Accountant‑General.

5. Application of moneys of the Fund

(1) For the purpose of achieving the object of the Fund under section 2, moneys from the Fund shall be applied to

(a) provide financial support to approved persons accessing specialised medical care for the treatment of chronic diseases;

(b) facilitate the provision or access to specialised medical care for the treatment of persons with chronic diseases;

(c) invest in programmes to promote equitable access to specialised medical care as determined by the Board of Trustees for the treatment of persons with chronic diseases;

(d) provide financial support for specialist medical training and specialised medical care research of relevance to specialised medical care as determined by the Board of Trustees for the treatment of persons with chronic diseases;

(e) investment in any other facilitating programme including medical equipment, infrastructure, human resources development and research; and

(f) any other matter necessary for the achievement of the object of the Fund.

(2) The moneys and resources of the Fund shall be disbursed in accordance with a formula to be determined by the Board of Trustees in consultation with the Minister and subject to the approval of Parliament.

(3) The Board of Trustees shall, in preparing the formula under subsection (2), take into consideration

(a) the burden of the chronic disease, the cost of care and financial equity;

(b) the advancement of equitable access to specialised medical care in the country; and

(c) the reduction in the high levels of morbidity, disability and mortality and the alleviation of suffering.

6. Board of Trustees

(1) The governing body of the Fund is a Board of Trustees consisting of

(a) the chairperson;

(b) the Administrator;

(c) a representative each of the following:

(i) the Ministry responsible for Health not below the rank of a Director nominated by the Minister;

(ii) the Ministry responsible for Finance not below the rank of a Director nominated by the Minister responsible for Finance; and

(iii) the Ministry responsible for Social Welfare not below the rank of a Director nominated by the Minister responsible for Social Welfare;

(d) the Chief Executive Officer of the National Health Insurance Authority.

(e)One representative each from

(i) the health sector nominated by the Minister; and

(ii) the pharmaceutical industry nominated by the Minister.

(f) A health professional with

(i) not less than ten years’ experience; and

(ii) expertise in chronic diseases, nominated by the Minister.

A legal practitioner with not less than ten years’ experience nominated by the Attorney‑General and Minister for Justice.

Three other persons nominated by the President, at least one of whom is a woman. The President shall, in accordance with article 70 of the Constitution, appoint the members of the Board of Trustees. The President shall, in appointing the members of the Board of Trustees, have regard to the integrity, knowledge, expertise and experience of the persons in matters relevant to the object of the Fund.

7. Functions of the Board of Trustees

7. (1) The Board of Trustees is responsible for the management of the Fund. (2) For the purpose of subsection (1), the Board of Trustees shall

(a) have oversight responsibility for the collection and accounting for resources mobilised for the Fund;

(b) approve expenditure charged on the Fund;

(c) subject to the Public Financial Management Act, 2016 (Act 921), appoint a fund manager to invest moneys of the Fund that are not required for immediate use in financial instruments and ventures that are financially beneficial to the Fund;

(d) organise fund‑raising activities to raise money for the Fund; and

(e) perform any other function incidental to the achievement of the object of the Fund.

8. Tenure of office of members of the Board of Trustees

8. (1) A member of the Board of Trustees shall hold office for a period of four years and is eligible for re‑appointment for another term only. (2) Subsection (1) does not apply to the Administrator and a person who is a member of the Board of Trustees by reason of the office of that person. (3) A member of the Board of Trustees may at any time resign from office in writing addressed to the President through the Minister. (4) A member of the Board of Trustees, other than the Administrator, who is absent from three consecutive meetings of the Board of Trustees without sufficient cause ceases to be a member of the Board of Trustees. (5) The President may by a letter addressed to a member revoke the appointment of that member. (6) Where a member of the Board of Trustees is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability may result in the declaration of a vacancy. (7) Where there is a vacancy

(a) under subsection (3), (4) or (5) or subsection (2) of section 10;

(b) as a result of a declaration under subsection (6); or

(c) by reason of the death of a member,

the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy for the unexpired term.

9. Meetings of members of the Board of Trustees

9. (1) The Board of Trustees shall meet at least once every three months for the despatch of business at the place and time determined by the chairperson. (2) The chairperson shall, at the request in writing of not less than one‑third of the membership of the Board of Trustees, convene an extraordinary meeting of the Board of Trustees at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board of Trustees is seven members including the Administrator. (4) The chairperson shall preside at meetings of the Board of Trustees and in the absence of the chairperson, a member of the Board of Trustees, other than the Administrator, elected by the members present from among their number shall preside. (5) Matters before the Board of Trustees shall be decided by a majority of the members present and voting and, in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board of Trustees may co‑opt a person to attend a meeting of the Board of Trustees but that person shall not vote on a matter for decision at the meeting. (7) The validity of proceedings of the Board of Trustees shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

1. Disclosure of interest

10. (1) A member of the Board of Trustees who has an interest in a matter for consideration

(a) shall disclose in writing the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and

(b) is disqualified from being present at or participating in the deliberations of the Board of Trustees in respect of that matter.

(2) A member ceases to be a member of the Board of Trustees if that member has an interest in a matter before the Board of Trustees and

(a) fails to disclose that interest; or

(b) is present at or participates in the deliberations of the Board of Trustees in respect of that matter.

(3) Without limiting any further cause of action that may be instituted against the member, the Board of Trustees shall recover any benefit derived by a member who contravenes subsection (1), in addition to the revocation of the appointment of the member.

1. Establishment of committees

11. (1) The Board of Trustees may establish committees consisting of members and non‑members of the Board of Trustees to perform a function of the Board of Trustees. (2) A committee composed of members and non‑members of the Board of Trustees shall be chaired by a member of the Board of Trustees. (3) Without limiting subsection (1), the Board of Trustees shall establish the following committees:

(a) Resource Mobilisation and Fund‑Raising Committee;

(b) Finance and Investment Committee; and

(c) Technical Oversight Committee.

(4) The Board of Trustees shall determine the composition and functions of the committees established under subsection (3). (5) Section 10 applies to a member of a committee of the Board of Trustees.

1. Allowances

12. Members of the Board of Trustees and members of a committee of the Board of Trustees shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.

1. Policy directives

13. The Minister may give policy directives consistent with the object of this Act to the Board of Trustees and the Board of Trustees shall comply.

1. Secretariat of the Fund

14. The Fund shall have a secretariat with the headquarters in Accra.

1. Appointment of Administrator

15. (1) The President shall, in accordance with article 195 of the Constitution, appoint an Administrator for the Fund. (2) The Administrator shall hold office on the terms and conditions specified in the letter of appointment.

1. Functions of the Administrator

16. (1) The Administrator

(a) is the head of the secretariat of the Fund;

(b) is responsible for the day‑to‑day administration of the Fund;

(c) is responsible for ensuring the implementation of the decisions of the Board of Trustees;

(d) is answerable to the Board of Trustees for the performance of the functions under this Act; and

(e) shall perform any other function assigned by the Board of Trustees.

(2) The Administrator may delegate a function to an officer of the Fund but shall not be relieved of the ultimate responsibility for the performance of the delegated function.

1. Appointment of other staff

17. (1) The President shall, in accordance with article 195 of the Constitution, appoint other staff of the Fund that are necessary for the effective and efficient performance of the functions of the Fund. (2) The President may, in writing, delegate the power of appointment under subsection (1) to the Board of Trustees. (3) Other public officers may be transferred or seconded to the Fund. (4) The Board of Trustees may, on the recommendation of the Administrator, engage the services of advisors and consultants.

1. Secretary to the Board of Trustees

18. (1) The Administrator shall designate a staff of the Fund as Secretary to the Board of Trustees. (2) The Secretary shall, subject to the directives of the Board of Trustees,

(a) ensure that the business of the Board of Trustees is arranged;

(b) ensure that the minutes of the meetings and decisions of the Board of Trustees are kept in the form approved by the Board of Trustees; and

(c) perform any other function that the Board of Trustees or the Administrator may direct.

1. Appointment of an actuary

19. (1) There shall be appointed an actuary for the Fund who shall be responsible to the Administrator.