South African NHI – Where Do We Currently Stand? | Legal Articles


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South African NHI – Where Do We Currently Stand?

The Department of Health in South Africa has received approval from the courts to proceed with the recruitment process for 44 specialist positions within the proposed National Healthcare Insurance (NHI) scheme, despite objections from trade union Solidarity. The department aims to fill these positions in the NHI pilot branch, which is currently being established to prepare for the functioning of the NHI Fund.

Solidarity had argued that it is unlawful for the government to hire people for jobs in a system that has not yet been passed by parliament and signed into law, and launched a court bid to halt the recruitment process. However, the high court dismissed the application, stating that it was not urgent.

The Department of Health spokesperson, Foster Mohale, stated that the court's decision has given the department the go-ahead to continue with the recruitment process. He also emphasized that the specialist positions being recruited for are not exclusively for the NHI scheme, but rather part of the broader efforts to strengthen national healthcare, regardless of whether the NHI Bill is passed by parliament or not.

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National Health Insurance in South Africa

The NHI Bill is currently under review by the National Assembly, with the portfolio committee on health reviewing the proposed laws clause by clause. This will be followed by a public participation process where stakeholders can provide input on the bill, and different sectors will be invited to make contributions.

Mohale encouraged stakeholders, including Solidarity and private healthcare providers who have concerns about the bill, to participate in the public engagement process instead of seeking court intervention to block the scheme. He urged them to provide inputs to ensure the success of the NHI, rather than dismissing the intervention outright.

Cost of NHI Roll Out in South Africa

When asked about the cost of the NHI scheme, Mohale admitted that there is currently no official cost estimate as the scheme will be rolled out in phases and is dependent on funding guidelines from the National Treasury. He revealed that R30 million has been budgeted for the current recruitment drive, which he justified by stating that the department is trying to attract and retain specialist talent in the system for the long term.

Estimates of the projected cost of the NHI scheme vary, with outdated figures ranging from R256 billion to over R1 trillion. However, there has been no official cost projection from the government, and National Treasury has yet to calculate the costs.

Despite the lack of cost details, Mohale pointed to NHI pilot projects and the public-private cooperation during the Covid-19 pandemic, particularly in the vaccine rollout, as evidence that universal healthcare in South Africa could work.

As the parliamentary process for the NHI Bill continues, the Department of Health is taking steps to lay the groundwork for the system. In October 2022, the department published the National 2021 Health Normative Standards Framework (HNSF) for Interoperability in Digital Health, outlining the government's plans to establish a comprehensive national health information system that incorporates data from the private health sector.

The Department of Public Works and Infrastructure (DPWI) has also outlined its plans to improve healthcare infrastructure across South Africa in the coming years, including leveraging the private sector's involvement, including through the NHI.

Not Everyone is Behind the NHI in South Africa

The government's push for the NHI scheme has been met with warnings and dissenting voices, particularly from private healthcare groups who argue that the scheme is unaffordable, unmanageable, and unsustainable. There are concerns about a potential exodus of healthcare professionals who may refuse to comply with the scheme's conditions, as evidenced by a recent court ruling that the Department of Health is currently appealing. Medical aids are also advocating for their continued existence, given that the NHI scheme envisions a healthcare system with the state in complete control and limited or no room for private healthcare funding.

Van Deventer & Van Deventer Incorporated – Attorneys in Cape Town and Johannesburg

In conclusion, as the government pushes ahead with the proposed National Healthcare Insurance (NHI) scheme in South Africa, it is clear that legal expertise may be required to navigate the complex legal landscape surrounding this contentious issue.

Van Deventer & Van Deventer Incorporated, a reputable law firm with a proven track record in handling various legal matters, including healthcare law, can provide invaluable assistance to stakeholders, including trade unions, private healthcare providers, and individuals, in protecting their rights and interests in relation to the NHI. With a team of experienced attorneys who are well-versed in the intricacies of healthcare law and a commitment to providing personalized, results-driven legal services, Van Deventer & Van Deventer Incorporated is poised to offer expert guidance and representation in this evolving legal landscape.

Contact us today to learn more about how our legal services can assist you in navigating the complexities of the NHI scheme and other legal matters.

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