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ESR Review: Regulating private power in health

Hospital Association of South Africa v Minister of Health
and Another [2010] ZAGPPHC 69 (HASA case)

by Jonathan Berger and Adila Hassim

On 28 July 2010, Ebersohn AJ of the North Gauteng High Court reviewed and set aside regulations purportedly made in terms of section 90(1)(u) and (v) of the National Health Act 61 of 2003 (NHA). As a result of this judgment, the Regulations Relating to the Obtainment of Information and the Process of Determination and Publication of the Reference Price List (the Regulations) and all related acts – including the determination and publication of the annual national health reference price list (NHRPL) – are now invalid.

In this case review, we consider the implications of the HASA judgment for the regulation of private health service pricing. This, in our view, is an integral part of the state’s positive obligations that flow from the right to have access to health care services as contemplated by section 27 of the Constitution of South Africa (the Constitution). After considering a brief history of the NHRPL, we analyse the key findings of law and their implications.

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Full article in the ESR Review Vol. 11 No. 2 2010

Judgment in Hospital Association of South Africa v Minister of Health and Another