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Industry News

Legal Ease

28 April 2008

In Categories: Industry News > General

The Department of health published the proposed national Health Bill on the 8 November 2001, and has allowed three months for public comment. HASA on behalf of its members made substantive commentary in regards to the proposed law, and in particular concentrated on the following important areas of law:

Definitions.

HASA was of the opinion that there should be a clear distinction between the categories of health care providers. In other words, distinction should be made between ‘hospitals’ , ‘clinics’ , ‘pharmacies’ and other health care providers (doctor groups, medical wholesalers etc.). Particularly when considering the ramifications of section 48 and its ‘certificate of need’ process.

Section 7 (Emergency Treatment). HASA supported the section as stated, but recommended that there be some attempt to qualify what conditions (or more accurately limitations) such a person may be denied “emergency” medical treatment. HASA further recommended the inclusion of the words; “ and the provider of such service shall have the right to reasonable compensation for those services rendered.”

Section 13 (Obligation to keep a record). HASA supported this provision, provided the concurrent regulation sets out clear protocol in regards to the duration such records must be kept, and whether all forms of documentation must be treated the same.

Section 49 (Review of Application for Certificate of Need). HASA noted that the ‘person’ aggrieved with a decision of the Department has seven days (although in our opinion 14 days would more appropriate) in which to request a review of the decision. However, no provision is made for ‘appealing’ such a decision. In addition to which, HASA was of the opinion that constitutionally aggrieved ‘persons’ would have the administrative right to written reasons for the Departments reasons for having not granted a certificate of need. Accordingly HASA recommended that the section be amended to read consistently with the constitution of the Republic, and that provision be made for an appeal process (and not be limited to a review as currently stated).

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FAQ

I am concerned at the practice of some anaesthetists, who transfer still intubated patients to the recovery room where they are left with the nursing staff to be extubated, while the anaesthetists return to theatre to anaesthetize the next patient. Who

I underwent major surgery at a private hospital and as a result have suffered many complications as a result of, in my opinion, the action of my doctor. What can I do about this situation?

I was recently admitted to a private hospital. Although I am on a medical scheme, my hospital bill was not settled in full and I had to pay in an amount of R82,00. Is this hospital entitled to this money?

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Lucas Malambe is Hasa's Executive Officer, Corporate Communications educated at the universities of the North and Witwatersrand. Malambe has a postgraduate qualification in Business Management and Economics from the University of Johannesburg where he is finishing his Masters in Commerce (Business Management).

He is also the editor of the prestigious research-driven publications Health Annals and the monthly Hasa News.

He has seven years experience in public communications having worked for DRUM magazine as a health journalist, sub-editor, and columnist. Lucas also worked for Lifeline Southern Africa interfacing with the organisation's various publics. At this time he contributed regularly to publications such as Business Day's Health Supplement and Mshana as a health correspondent and health-advice columnist respectively.

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Hasa Awards of Excellence: Call for Nominations

13 July 2010

The annual Hasa Awards of Excellence are part of the Ministerial Healthcare Awards. This year's theme is Quality is Excellence. The process to find the best of the best in the private hospital industry is nearing its end. The Health Excellence Awards 2010 will take place in November 2010 and the deadline date for submission of entries is 07 October 2010.

LegalWatchJune02,68

15 June 2010

The Children’s Act 38 of 2005 (as amended). How does it affect healthcare?

Several outstanding provisions of the Children’s Act [Act 38 of 2005] have become operational. The relevant Government Gazette has made the date upon which the law became operational as being 01 April 2010.

Hasa Code of Ethics

07 June 2010

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The Hospital Association of South Africa is a non-statutory body; the Association will gladly act as a mediator and will investigate an incident on behalf of a patient, or relative.

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