HEALTH Minister Aaron Motsoaledi is proposing an independent commission to regulate prices in the private healthcare sector, paving the way for a cap on the fees doctors and hospitals charge their patients. In stark contrast to former Health Minister Manto Tshabalala-Msimang, Motsoaledi has quietly been meeting industry groups since he took office last year, gauging their positions and trying to achieve a broad consensus before policy and legislation are drafted in the hope that this will avoid the barrage of litigation Tshabalala-Msimang faced over her attempts to set prices. Almost all of her attempts to do so floundered. The legal row over the dispensing fee for pharmacists has not yet been resolved, and the Department of Health's attempts to publish a tariff guide for doctors is also still tied up in court. In 2008 she introduced the National Health Amendment Bill which introduced measures to regulate prices with a tribunal appointed by the Minister to oversee the process. But that bill did not make it into law. Tshabalala-Msimang's predecessor Nkosazana Dlamini-Zuma also faced litigation from the private sector with pharmaceutical groups challenging her bid to control medicine prices. International pressure ultimately forced the drug companies to withdraw the case.
At the heart of the government's struggle to curb rising private healthcare costs is a controversial ruling by the Competition Commission in 2004 that scrapped collective bargaining between medical schemes and service providers. The ruling, which found the parties had colluded to set tariffs in contravention of the Competition Act, was handed down in the hope that market forces would prevail and that competition would keep prices low. But six years down the line, the ruling has had unintended consequences. Motsoaledi said there needed really clear caps, adding that all in the sector - the Competition Commission, the Departments of Trade and Industry and Economic Development, the Council for Medical Schemes, the Board of Healthcare Funders, medical professionals - needed to get together and find a proper way to regulate prices. Motsoaledi declined to provide details of his proposals, saying only that the pricing arbiter should be at arm's length from his department. He said the Minister of Health could never be regarded as a neutral arbiter as he had only one goal - to make healthcare as affordable as possible.
Nevertheless, Motsoaledi's broad ideas appear to be an open secret in most of the industry. At a meeting with the Board of Healthcare Funders (BHF), the Council for Medical Schemes, and the Competition Commission in February, he made clear that he was unhappy with the status quo and suggested a commission along the lines of the National Energy Regulator of SA that would assess whether the fees proposed by service providers were fair and reasonable. BHF chairman Humphrey Zokufa said the BHF supported the idea of a pricing commission as individual medical schemes had little bargaining power with large service providers such as hospital groups. However, reaction was more muted among doctor groups, giving an indication of the challenges facing Motsoaledi. South African Medical Association chairman Norman Mabasa said he supported the proposal provided the commission included a wide range of stakeholder groups and did not represent vested interests. Chris Archer of the Private Practitioners' Forum, which represents specialists, said pricing must take into consideration the cost of running a practice, adding that any method that did not would cause serious problems. Private hospital group Life Healthcare MD Michael Flemming said he was unaware of the Minister's proposals, and would prefer the market to determine its own prices, as he did not believe in collective bargaining.
Tamar Kahn: Business Day, 19 May 2010