Business Report writes that while there are no clear timelines for when the new National Health Insurance (NHI) Act will be implemented or how it will be funded, what has become clear is that the medical fraternity and other stakeholders are prepared to take legal action where necessary.
However, a legal resolution could take at least three years. Delegates at the Healthcare Funders Association (HFA) NHI Scenario Planning Symposium heard on Wednesday that several umbrella bodies were gearing up for legal action. Elsabe Klinck, managing director of Klinck & Samuels, pointed out that at least two legal challenges had been filed, namely one by the Board of Healthcare Funders and another by trade union Solidarity. According to Klinck, as more cases were lodged, it was likely that they would be consolidated and there would be one judgment. However, she added that should the parties wish to declare the Act unconstitutional, any final judgment would have to come from the Constitutional Court, which could take at least three years. Issues raised regarding the Act included that it was vague, there were no indications of how it would be funded, and there had been deficiencies in the consultation process. Yet, speakers at the event agreed on the need for universal healthcare. Charlotte Mbewu, chair of the HFA NHI Steering Committee, pointed out that one of the unintended consequences of the law would be to increase the shortage of medical professionals in the private sector as medical aids would be unable to provide further funding. This, she said, would have a knock-on effect on funding for public institutions.
- Read the full original of the report in the above regard by Nicola Mawson at Business Report
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