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Recent developments in the United States of America may support the argument that a South African national health insurance scheme is unconstitutional.
South Africans eagerly await the publication of documents detailing the plans for the introduction of a National Health Insurance Scheme (NHIS) in South Africa. The NHIS is currently being pursued in terms of Government’s obligation progressively to realise the rights of all South Africans to access healthcare services in terms of the Constitution of the Republic of South Africa, 1996. Therefore, developments in other jurisdictions relating to a NHIS are of interest to South Africans especially in so far as those developments relate to the legal provision and existence or construction of such schemes.
Written by Neil Kirby, Director at Werksmans Attorneys