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Article From Article Directory Database The Meaning of “Pay in Full” with regards to the Healthcare Schemes Act The Meaning of “Pay in Full” with regards to the Healthcare Schemes Act April 13, 2013 | Author: Dirk Markhen | Posted in Business
In the current case of the Board of Healthcare Funders of Southern Africa v Council For Medical Schemes 2011 JDR 1471 (GNP), the first and second applicants approached a legal court by way of a application to release a declaratory order regarding the interpretation of the words “pay in full” in regulation 8(1) of the General Regulations made pursuant to the Medical Schemes Act, 131 of 1998.
The applicants fought that the Courts required to determine three problems, that is: 1. The first applicant’s entitlement to institute procedures for declaratory relief; 2. The interest and locus standi of the intervening participants in opposing the relief wanted by the applicants; and 3. The meaning of the phrase “pay in full” in regulation 8(1) of the General Regulations which were promulgated in terms of section 67 of the Act.
Regulation 8 has been in power since 1 January 2000. In accordance with the candidates
Joe Greene Jersey , the actual problem begun on 11 November 2008 once the Appeal Board resolved two cases on appeal which were referred from the Appeal Committee in terms of section 50 of the Act. The Appeal Committee and the Appeal Board had, pursuant to those two judgements, considered the words “pay in full” in regulation 8 to indicate that the medical scheme must make full settlement of a service providers’ invoice in respect of the fees of providing medical care services for Prescribed Minimum Benefits without taking the rules of the medical scheme into consideration in working with any claims.
It was the applicants’ argument that “pay in full” signifies settlement according to the regulations of the Medical Scheme, while according to the participants, the decisions by the Appeal Board haven’t been questioned up to now and presently medical aid schemes are bound to this power while having to pay service providers’ accounts in full.
The main problem via the participants was that the first applicant had no direct and substantial concern in the application as the judgment would not have an effect over it. Even though the first applicant contended that it represented 75 registered professional medical aid schemes and for that reason had lo.
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