- Title
- The national health insurance bill: a measure to realise the right to access health care services
- Creator
- Moyo, Priscilla Tariro
- Subject
- Medical laws and legislation -- South Africa
- Subject
- Health insurance -- South Africa
- Date Issued
- 2020
- Date
- 2020
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/49016
- Identifier
- vital:41593
- Description
- The right to access health care services is enshrined in section 27 of the Constitution. It is a right afforded to everyone. The state is required to adopt legislative and other measures for the progressive realisation of this right. To that effect, the state has passed various pieces of legislation aimed at realising the right to access health care services. The key legislative measures regulating the health system are the National Health Act, the Medical Schemes Act and the Medicines Act. Despite the various legislative measures in place, not everyone has access to health care services and there is a need for reform in the health system. To remedy the problem of inaccessibility, the government introduced the NHI Bill in 2018 which was amended in 2019. The NHI Bill purports to amend the way in which health services are financed. The purpose of this research is to determine the constitutionality of selected aspects of the NHI Bill. Section 27(2) of the Constitution requires that any measure adopted by the state in realising the right to access health care services must be reasonable. This research, therefore, assesses whether the NHI Bill is a reasonable measure that meets the requirements of section 27(2). The NHI Bill will be assessed in light of the reasonableness review used to assess state compliance with the obligation in terms of section 27. In assessing the reasonableness of the NHI Bill, reference is made to the domestic obligations of the state to realise the right to access health care services, the context in which the NHI Bill was published, the provisions of international law, and the impact the NHI Bill will have on other rights specifically the right to equality. The findings of this research are that the NHI Bill is likely to be found unconstitutional insofar as it unfairly discriminates against asylum seekers and undocumented migrants and lacks clarity with respect to important issues such as the role of medical schemes. Based on this analysis, recommendations are made to ensure that the NHI Bill is constitutionally sound.
- Format
- 203 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Moyo, P.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |