About Us

This website summarises and collates, in a searchable form, rulings relating to medical schemes, managed care and the medical schemes regulator, the Council for Medical Schemes. It also includes training videos by Klinck & Samuels on various health sector issues.

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.

The website aims to ensure access to the above rulings. The objective is to inform- and empower subscribers on how specific matters are adjudicated by the CMS, how decisions have shaped the funding of healthcare and patient rights, 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, and how these may have changed over time, or change from Registrar-level to Appeals Committee level.

Summaries in some instances include comments by Klinck & Samuels, indicating, for example, where it is not clear if a specific line of argument was made, or where it is believed that a clinical- or healthcare element was not considered. These comments are the preliminary views of Klinck & Samuels based on available information and do not constitute legal opinion.

Rulings and summaries are uploaded on a monthly basis, and cases by courts when those are published. Subscribers are alerted to new uploads by means of a bulletin, sent to the subscriber’s email address.

About Us

Klinck & Samuels is a consultancy in the health sector in health law, ethics and health policy. K&S has experience in medical scheme matters, having made submissions and argued many cases at medical schemes and at the Council for Medical Schemes.

It also has extensive experience in matters relating to healthcare professionals and their practices, medicines, medical devices and health facilities.

Contact Us

41 Church Street
Westcliff
Hermanus
7200

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