The Board of Healthcare Funders (BHF) has welcomed a decision by the Supreme Court of Appeal that will allow it to continue its legal fight for medical schemes to be able to offer low-cost benefit options, reports BusinessLIVE.
Last week, the SCA agreed to hear oral arguments from the BHF in its application to appeal against a High Court ruling that dismissed its application to compel the Council for Medical Schemes (CMS) to open the market to LCBOs, and potentially enable some 10m low-income earners to benefit.
It has also asked the BHF to be ready to argue the merits of its case, should it agree to hear its appeal.
Health Minister Aaron Motsoaledi has questioned the merits of LCBOs, protesting that they cover benefits already offered free at state clinics.
In April, the Gauteng High Court (Pretoria) dismissed the BHF’s application to compel the CMS to open the way for LCBOs on procedural grounds and on the merit of its case.
The BHF had asked the court to declare the CMS’ failure to develop a regulatory framework for LCBOs as irrational and unlawful and direct it to grant general exemptions or consider individual exemption applications for medical schemes to offer these products.
It had also asked the court to declare certain decisions by the CMS and its registrar to be irrational and unlawful, including its decision to grant exemptions to the Medical Schemes Act to a limited number of health insurers that offer LCBO-like products.
The BHF’s application to the High Court for leave to appeal was unsuccessful, and then it petitioned the SCA directly.
Of the latest development, the BHF said: “This court challenge is of significant public interest, and we are encouraged that the appellate court has granted us the opportunity to place before it the appeal and potentially the vital constitutional and healthcare access issues raised in the matter.”
See more from MedicalBrief archives:
BHF loses low-cost benefit options legal battle
Minister rejects LCBO report, but punts policy shift
Medical aids turn to court in long-running battle for low cost options