“The National Health Amendment Act No. 12 of 2013 has been proclaimed and comes into force on 2 September 2013.  The Amendment Act amends significantly the National Health Act No. 61 of 2003. 

But why is this important? 

The Amendment Act formally introduces the Office of Health Standards Compliance or OHSC.  The OHSC is empowered to monitor and enforce health standards in all health establishments throughout country including both private and public hospitals and clinics.  This is an important step in addressing what many perceive to be large-scale failings in certain health establishments where care and access to proper healthcare services is wholly deficient. 

In addition to the powers awarded to the OHSC, the Amendment Act creates a couple of firsts in the healthcare sector: an inspectorate to ensure compliance by health establishments with norms and  standards, an Office of Health Standards Compliance Board and the appointment of an ombudsperson to deal with consumer-patient complaints in respect of a lack of delivery of care where a health establishments fail or neglect to adhere to a particular norm or standard. 

The complaints process is set out in the Act in a new section 81A and extensively awards rights to patient-consumers who are dissatisfied with the services they may have received in hospital.  The appointment of the ombudsman is a significant step in creating consumer-patient based rights, which is entirely consistent with the provisions of section 27 of the Constitution and the broad principles in the Consumer Protection Act No. 68 of 2008.  However, that all having been said, much will turn on the actual scope and ambit of the norms and standards that are determined by the Minister of Health in regulations. 

The norms and standards are yet to be published for public consumption.  The full impact of the Amendment Act for both health establishments and patient-consumers will be dealt with at upcoming the Healthcare & Life Sciences Law Practice Area seminar scheduled for 12 September 2013.”

Witten by Neil Kirby, Healthcare and Life Sciences head at Werksmans Attorneys