Sunday Times

Non-disclosure can be bad for your health

Give the scheme the full story — and make sure of your facts

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consumer@knowler.co.za

● To Navi Smith* of Rivonia, it was an insignific­ant visit to her doctor about a urinary tract infection; she was prescribed antibiotic­s, which took care of the infection and its symptoms, and that was that.

But because she failed to disclose that visit in June when she applied for membership to Momentum Health a month later, her membership has been terminated by the medical scheme.

“Getting a UTI is like getting flu,” says Smith, who received the terminatio­n letter ● The Registrar of Medical Schemes at one time argued that if a medical scheme was unable to impose a waiting period as a result of what a member failed to disclose, then it was not material.

But the Council for Medical Schemes’ appeal committee took a different view.

In an appeal committee ruling published in July 2007, Spectramed v EEB, the member and her husband failed to disclose that they suffered from high blood pressure and high cholestero­l, both prescribed minimum benefit conditions.

Waiting periods could not have been applied to EEB and her husband, even if they had disclosed their conditions, because they had left one medical scheme and joined another within 90 days.

The registrar therefore ruled that EEB‘s nondisclos­ure was not material.

But Spectramed argued that it was material to the scheme’s ability to assess its risk exposure and to determine the benefits it offers and the contributi­on rate it charges.

The appeal committee accepted this argument and upheld the scheme‘s right to terminate the membership.

SA Financial Planning Handbook last week.

“Nowhere was ‘urinary tract infection’ mentioned in the form’s disclosure section,” she says. “A layperson doesn’t always understand medical diagnosis — we just take our meds and get on with life.”

Momentum’s applicatio­n form states: “Failure to disclose pre-existing conditions could limit and/or exclude certain benefits or result in terminatio­n of your benefits.”

Section 6.2.4 states: “In the last 12 months have you had any of the following: Diseases or disorders of the kidneys, bladder or reproducti­ve organs, e.g. abnormal urine tests, kidney stones, nephritis, prostaliti­s, bladder infections or sexually transmitte­d disease?”

Smith ticked the “No” box, and that pen stroke has had dire consequenc­es for her: Momentum rejected her doctor’s requested authorisat­ion for a CT scan — related to her recent pancreatic cyst diagnosis — and terminated her membership on the grounds of non-disclosure.

The terminatio­n, communicat­ed in a terse letter, was effective from its inception date, July 1 2017.

Smith was a member of Momentum Health from 2013 until 2016, when she cancelled due to unaffordab­ility. She applied to rejoin last July.

“Momentum could have rather placed an exclusion on urinary tract infections for a year instead of terminatin­g my membership,” says Smith, who has appealed against the decision.

“In any case, the cyst on my pancreas has nothing to do with my UTI.”

It is a common misconcept­ion that the non-disclosure has to be linked to the claim event for a medical scheme or a life insurer to be able to repudiate a claim and cancel the membership or policy.

The scheme relies on the applicant’s answers to assess the risk, so if the questions aren’t answered correctly, that’s referred to as pre-contractua­l misreprese­ntation.

And if the scheme finds out — an investigat­ion is often carried out when a serious medical condition is diagnosed — it has the right to cancel the membership.

Medical schemes can’t deny an applicant cover for a particular condition; they may only impose a 12-month waiting period, and for that specific condition only.

They may also not increase the contributi­on because of any pre-existing condition — contributi­ons may only be based on a member’s income or number of dependants, or both.

Waiting periods cannot be applied if the applicant has been a medical scheme member for more than two years, and if the applicant joins a new scheme within 90 days of leaving a previous one.

But this is what all medical scheme applicants must know before they fill in that form or brief their broker: the financial consequenc­es of their membership being terminated far outweigh those of disclosing having been treated for a specific condition in the previous 12 months and then having a 12month waiting period for that specific condition imposed.

Take your time

Members such as Smith don’t have the option of requesting a waiting period for a condition after the scheme has discovered th eir nondisclos­ure at applicatio­n stage.

So it’s imperative that consumers take their time when filling in the medical history section of a medical scheme applicatio­n form, and consult their personal records and their doctors to avoid leaving out any medical attention sought in the previous 12 months, however seemingly trivial.

Momentum Health says it is unable to disclose details relating to Smith, her medical condition or the circumstan­ces around the case “in the public domain” to preserve client confidenti­ality.

“The scheme has, however, communicat­ed with her directly and she has been provided with the process to follow to appeal the scheme’s decision, should she wish to do so.

“Alternativ­ely, the member has the right to lodge a formal complaint with the Council for Medical Schemes, which governs the medical schemes industry.”

A Council for Medical Schemes’ spokesman said in the 2016/17 financial year, the council dealt with 78 complaints from consumers whose medical scheme membership had been terminated due to non-disclosure of a pre-existing condition.

Momentum Health’s head of marketing, Damian McHugh, says: “When it comes to failure to disclose a pre-existing condition, we don’t test intent. In about 90% of cases it’s a genuine oversight as opposed to a deliberate attempt to defraud the scheme, but the fact is that the non-disclosure impacts our ability to assess risk, whether it is related to the condition later claimed for or not.

“That pre-existing condition can go on to become massively expensive, medically, and we have to protect the interests of all our members.”

* Not her real name

By WENDY KNOWLER

 ?? Picture: Tiso Blackstar Group ?? Failure to declare a pre-existing condition to a medical aid can have serious repercussi­ons.
Picture: Tiso Blackstar Group Failure to declare a pre-existing condition to a medical aid can have serious repercussi­ons.

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