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Section 59 Investigation Panel - Agreed Processes must be followed, before release of report

18 January 2021 The Health Funders Association (HFA)

The Health Funders Association (HFA) is not party to the urgent court proceedings by GEMS and the Board of Healthcare Funders (BHF) to interdict the release of the Section 59 Investigation Panel’s Interim Report.

However it has indicated in writing to the Council for Medical Schemes (CMS) (on Friday 15 January 2021) and on numerous occasions in the past six months that it did not believe that the intended process for the release of the Interim Report to the public was in compliance with what was agreed by the Section 59 Steering Committee (a committee including representatives of the Panel, the CMS, the medical scheme industry and other stakeholders).

It was agreed at the Steering Committee level that the Interim Report would be released to each of the affected persons and organisations for comment, in accordance with the committee’s own Terms of Reference and consistent with the audi alteram partem principle.

These comments would then be considered by the Panel and any appropriate amendments made by the Panel prior to public release of the Report.

The HFA values the very important work that has been carried out by the Panel thus far, but is also mindful that agreed processes and procedures should be respected in order to prevent undue or unfair harm or prejudice to any affected person.

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