MHM Magazine

32 | MENTAL HEALTH MATTERS | 2022 | Issue 5 MHM The South African Constitution, Act 108 of 1996, in article 27, states the following: “Health care, food, water and social security 1. Everyone has the right to have access to a. health care services, including reproductive health care; b. sufficient food and water; and c. social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. 2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. 3. No one may be refused emergency medical treatment.” To understand the right to healthcare, points 1 and 3 above are of importance regarding the prescribed minimum benefits (PMB’s), as legislated in the medical schemes act, Act 131 of 1998. The right to access, does imply the right to healthcare but with some limitations of entitlement. The right to emergency medical treatment is different, as the right or entitlement to receive emergency medical treatment regardless where, when and how the treatment is delivered is unlimited. Therefore, as an example, if a patient arrives at a private hospital without medical scheme membership or without any funds available, the patient must still be treated but with other medical conditions, limitations can apply. The medical schemes act regulates these entitlements and limitations. The entitlements and limitations are described in a set of prescribed minimum benefits. These limitations do not necessarily have to apply and medical schemes can offer more benefits. Usually these apply to the higher option with the minimum benefits applying to the lower options. Dr Eugene Allers Psychiatrist Johannesburg WORKING WITH MEDICAL SCHEMES TO PROVIDE FUNDING FOR CARE FOR PATIENTS WITH BIPOLAR DISORDER