Press statement by the Board of Healthcare Funders of SA (BHF) on the judgement handed down on the Declaratory Order Application on Regulation 8(1) of the Medical Schemes Act
A written judgement in the matter between BHF & SAMWUMED and CMS, Minister of Health, SAPPF, PSSA, USAP, Medi-Clinic, HASA, ER24 EMS, National Renal Care, Pharmaplan, B Braun Ativum, MSSA & SAMA was handed down this morning.
The BHF is disappointed that the merits and principles of the matter have not been considered by Judge Pretorius. There is therefore still no judicial pronouncement on the correct interpretation of Regulation 8.
Essentially, the judgement upheld the technical points raised by the Respondents and the case was dismissed on the basis that BHF, as an industry body lacks the necessary standing to have brought this matter to court. Judge Pretorius held that the BHF should have joined all registered medical schemes for it to have successfully launched the application.
Together with its legal team, BHF will consider the judgement and its legal options.
BHF will also seek an engagement with the Minister of Health, Dr Aaron Motsoaledi as soon as possible, to apprise him of the judgement and to discuss the way forward for the industry.