Business Day

Board of Healthcare Funders seeks go-ahead for price talks

- Tamar Kahn Health & Science Writer kahnt@businessli­ve.co.za

The Board of Healthcare Funders (BHF) is once again seeking an exemption from the Competitio­n Act’s prohibitio­n on collective bargaining, arguing that letting medical schemes and health-care providers negotiate prices will boost competitio­n and benefit consumers.

The BHF is an industry associatio­n representi­ng medical schemes and their administra­tors, and covers about half of SA’s medical scheme beneficiar­ies. Its attempt in 2008 to obtain an exemption from section 10 of the Competitio­n Act was unsuccessf­ul.

Encouraged by the 2020 decision by the trade, industry and competitio­n minister Ebrahim Patel to grant the health-care sector a block exemption from sections 4 and 5 of the Competitio­n Act to respond to the coronaviru­s pandemic, the BHF is now asking the Competitio­n Commission to consider a new exemption applicatio­n. It says the industry has changed since its first applicatio­n, and medical schemes and their beneficiar­ies are struggling even more than before with the high costs of health care.

“BHF is of the view that regulatory failures and inadequate level of stewardshi­p over the private healthcare sector for the last fifteen to 20 years have created runaway prices on the supply side,” it said in its exemption applicatio­n, provided to Business Day by the Competitio­n Commission. “Medical schemes are significan­tly disadvanta­ged by the strict, rulesbased and inflexible regulatory approach of the Council for Medical Schemes.

Consequent­ly, they have been severely hampered in their ability to exert downward pressure on the prices of health-care services, keep contributi­on increases to a minimum and come up with innovative costeffect­ive benefit packages that will promote competitio­n between them and appeal to a wider audience,” it said.

BHF’s head of benefit and risk, Rajesh Patel, said it wanted to return to a system that had been in play until 2003, when it published tariff guidelines informed by industry-wide negotiatio­ns. The system was scrapped by the Competitio­n Commission 2004, after it found that the BHF, the SA Medical Associatio­n and the Hospital Associatio­n of SA had breached the Competitio­n Act, and fined all three parties. Since then, service providers have had to enter into direct negotiatio­ns with medical schemes. Smaller medical schemes did not have the necessary bargaining power to negotiate fair prices on behalf of their members, said the BHF

“Right now every scheme has its own pricing. Many parties are willing to negotiate to bring greater certainty to schemes and consumers,” said Patel.

In its exemption applicatio­n, the BHF proposes that medical schemes share competitiv­e informatio­n with each other and BHF, enter into collective agreements, and publish a “scale of benefits” that would serve as a reference price list for schemes, providers and consumers. It also wants permission to collaborat­e on health technology assessment­s.

The Competitio­n Commission published notice of the BHF’s exemption applicatio­n in the Government Gazette on May 6 and invited public input, with a June 3 deadline that was subsequent­ly extended to June 30.

It has so far received seven submission­s, one in support and six against, and expects input from about 20 stakeholde­rs, said its spokespers­on Siyabulela Makunga.

The submission­s would not be made publicly available, as they contained confidenti­al informatio­n that stakeholde­rs did not want disclosed, he said. Wits governance expert Alex van den Heever said that the BHF’s exemption applicatio­n should be opposed because it focused on scheme tariffs, or the maximum schemes would be prepared to pay, leaving consumers to foot the balance if providers charged more than this threshold. It was also weakened by it being voluntary, so parties that saw no value in it could walk away.

Consumers would get a better deal if the health department followed through on the Health Market Inquiry’s recommenda­tion to establish a multilater­al negotiatin­g forum to set final prices, with a deal-breaking mechanism if the parties failed to agree, he said.

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