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The act is enforced by the South African Human Rights Commission, and is part of a global drive towards freedom of information.  Access to your information needs to be through the correct channels, by completing an application form, and submitting this to your Information Officer.  In the case of medical practices, it would most likely be the owner of the practice, or one of the partners can be assigned as the Information Officer.  We as medical practitioners have been exempt from the earlier deadline.  The deadline for practices with a turnover of less than R5 million, or less than 50 employees was to expire at the end of December 2011.  This deadline has however been extended further to the 31st December 2015.  This is good news for those who have to date not completed their PAIA manual and submitted this to the SAHRC.  It is however still a requirement, and should be completed in due time.

The document is most certainly not very complicated to put together, but after some searching, and a few attempts at trying it myself and for some of my clients, I came across a web service which does a great job, and ensures full compliance with the Act.  They even submit the final manual to the SAHRC on your behalf.  I have completed the process with in 20 minutes, from the on-line information capturing, to the final invoice and document submission, and can vouch for them.  So for a streamlined, on-line process in getting your  PAIA Manual, visit the site by clicking here.  And all it costs is R199!

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BHF sought to convince the court that ‘pay in full’ should be interpreted as meaning ‘pay in full according to the rules of the medical scheme’ and not ‘pay in full as per invoice’. The motion was opposed by the Council for Medical Schemes (CMS), the SA Private Practitioners Forum (SAPPF) and 11 other stakeholders.

In her ruling Judge Cynthia Pretorius said the court was asked to decide on three issues; namely the first applicant’s entitlement to institute proceedings for declaratory relief, the interest and locus standi (legal interest) of the intervening respondents in opposing the relief sought by the applicants; and the meaning of the words ‘pay in full’ as set out in Regulation 8 (1) of the general regulations which were promulgated in terms of section 67 of the Act.

In terms of its entitlement to institute proceedings, Judge Pretorius said the fact that not all medical schemes were represented by the BHF rendered the application ‘fatally defective’.

She found that it was not true that the BHF represented 75 medical schemes and seven medical administrators as claimed in their application, but in fact only represented 15 registered medical schemes.

“The first applicant’s application is lacking in allegations and proof that it has any mandate to litigate on behalf of its’ members,” said Judge Pretorius.

She found that the applicants therefore did not have a legal interest in the application and that the court thus did not have to deal with the application. She dismissed the application with costs.

In a statement issued shortly after the ruling was handed down, Dr Monwabisi Gantsho, registrar and chief executive of the CMS, said they were delighted with the outcome.

“PMBs are a cornerstone of the Medical Schemes Act and they were included in legislation for a good reason: to protect beneficiaries against unforeseen ill health that may prove financially catastrophic for them. As the regulator tasked with looking after the best interests of medical scheme beneficiaries, we are happy that our courts have confirmed the need for such protection in law,” he concluded.

http://www.medicalchronicle.co.za/pmbs-must-be-paid-in-full/

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