About Us

This website summarises and collates all developments in South Africa affecting stakeholders in the health sector, whether from a sector-specific, or a business perspective.

The only consolidated database of health sector developments

It includes information on: 

  • the NHI, 
  • health departments, 
  • medical schemes, 
  • trade, BBBEE and competition law, 
  • labour law, 
  • professional councils, 
  • parliament, 
  • relevant rulings from the courts
  • SAHPRA.

Significantly, it includes, in a searchable form, rulings relating to medical schemes, managed care and the medical schemes regulator, the Council for Medical Schemes.

Medical scheme rulings

This website includes summaries of, and copies of the rulings made by structures of the Council for Medical Schemes (CMS), under sections in the Medical Schemes Act, 1998:

  • Section 47, so-called “registrar rulings”;
  • Section 48, appeal rulings by the Appeals Committee of the CMS against section 47 rulings;
  • Section 49, appeal rulings by the Appeals Committee against decisions of the Registrar;
  • Section 50, rulings by the Appeal Board, appointed by the Minister, and which hears appeals from the Appeals Committee or other decisions by the Council.

Relevant decisions by the High Courts, the Supreme Court of Appeal and the Constitutional Court are also included and summarised.

Case law / Court rulings

The website also aims to ensure access to case law (court rulings) relevant for the health sector, whether it is patient rights, labour law, contracts, procurement, pricing, medico-legal or product liability, or the relationships in the health sector. 

CMS rulings

For CMS matters, the objective is to inform- and empower subscribers on how specific matters are adjudicated by the CMS, allowing subscribers to gauge how decisions have shaped the funding of healthcare and patient rights, and how issues relating to specific diseases (e.g. cancers), policies (e.g. co-payments or Designated Service Providers (DSPs), treatments (e.g. prostheses, medicines, etc.), exceptions to formularies or protocols (i.e. regulations 15H and 15I) are viewed or have changed over time. Where available, rulings of the Registrar, Appeals Committee and Appeal Board, are included. 

About our summaries

Summaries in some instances include comments by Klinck & Samuels. These are our comments on matters and is denoted by the word “NOTE” in square brackets. These comments are the preliminary views of Klinck & Samuels based on available information and do not constitute legal opinion.

Uploads

Rulings and summaries are uploaded on a weekly basis. Subscribers are alerted to new uploads by means of a bulletin, sent to the subscriber’s email address. If you unsubscribe from the bulletin, you will not receive notification of new uploads, i.e. new developments in the health sector. You would have to then log in periodically to see whether there have been updates.

About Us

Klinck & Samuels is a consultancy in the health sector in health law, ethics and health policy.

K&S has experience in health sector matters, having made submissions to many statutory bodies and other entities, and argued many cases at the Council for Medical Schemes and professional bodies, such as the HPCSA and SA Pharmacy Council. With health sector experience of over 30 years, K&S is uniquely placed to understand health sector complexities, with a thorough historical understanding, and an eye on the future of healthcare.

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Contact Us

41 Church Street
Westcliff
Hermanus
7200

Phone: +27 (0)71 607 2752
Email: hss@klincksamuels.co.za
Email: videos@klincksamuels.co.za