<strong>By: Council for Medical Schemes</strong>

<h2>Public Hearings Into Allegations Of Racial Profiling By Medical Aid Claims has started</h2>

The investigation into allegations of racial profiling against black and Indian private medical practitioners to be chaired by Advocate Tembeka Ngcukaitobi begins on Monday (29 July 2019).

The Council for Medical Schemes (CMS) said from Monday to Friday, The Section 59 Investigation Panel, will hear submissions from regulatory bodies and organisations representing medical practitioners.  They are Solutionist Thinkers Group, Competition Commission, and Council for Medical Schemes, Board of Healthcare Funders of Southern Africa, Health Professions Council of South Africa, National Healthcare Professionals Association, South African Medical Association, Independent Practitioners Association Foundation, Health Funders Association and the Health Forensic Management Unit.

The organisations will make their submissions and give evidence on the allegations of racial profiling, black listing for payments, blocked payments, demands of confidential clinical information, bullying and harassment, coercion, entrapment and use of hidden cameras.

The submissions and evidence follows allegations made by members of the National Health Care Professionals Association who said they had been unfairly treated and their claims withheld by medical aid schemes based on the colour of their skin and ethnicity.

The public hearings, which will be opened to media, will be heard at CMS’ offices: Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion from Monday to Friday, 08h30 to 16h30.

“We have listened to the complaints and allegations presented in public platforms and we sympathize with the plight of the services providers. We have also listened to the responses from the schemes and administrators.

“The CMS is happy that one of our country’s respected advocates, Tembeka Ngcukaitobi, has agreed to chair the panel investigating the allegations,” said Dr Sipho Kabane, Chief Executive Officer and Registrar of CMS.

“This investigation is part of our commitment, as afforded in Section 59 of the Medical Schemes Act, to protect members of the public, take any appropriate steps which it deems necessary, including to investigate complaints and settle disputes in relation to the affairs of medical schemes.

“Advocate Ngcukaitobi and two other advocates, Adila Hassim and Kerry Williams, will help get to the bottom of these racial profiling allegations,” said Dr Kabane.

Advocate Ngcukaitobi is an advocate of the High Court and was recently nominated for senior counsel status by the Johannesburg Bar.  He will be assisted by Advocate Adila Hassim, an advocate of the High Court who practises in various areas of the law with a focus on constitutional Law and Kerry Williams, also an advocate of the High Court with who has advised extensively on health care matters over the last 15 years.

<strong>SUBMISSIONS</strong>

So far the Section 59 Investigating panel has already received more than 500 written submissions from interested parties.

Any interested persons including juristic persons, entities, institutions and organs of state can still make written submissions which should be concise and succinct, and should include a brief summary of the issues. Submissions should be sent to <a href="mailto:cmsinvestigation@medicalschemes.com">\cmsinvestigation@medicalschemes.com</a>.

Although this time the public hearings will be heard until Friday, medical aid companies and stakeholders will make their submissions later during the next two months, until the end of September. The final report will be delivered by the Investigating Panel on 1 November 2019.