Consisting of the three independent members, the Appeal Board is responsible for adjudicating appeals against decisions of the Council as well as the Appeals Committee under Section 50 of the Medical Schemes Act 131 of 1998.
The CMS Appeal Board has the powers of the High Court to summon witnesses, to cause an oath or affirmation to be administered by them, to examine them, and to call for the production of books, documents, and objects.
The Minister of Health appoints the members of this Board for a period/term of up to 3 years. Once the Appeal Board rules on a matter, the internal processes at the CMS are deemed exhausted. The judicial process then starts if the aggrieved party decides to approach the High Court for an appeal or a review application. An appeal challenges the merits of the Appeal Board’s decision; a review challenges the process that was followed to reach the decision.
Although a person can seek relief from the High Court at any stage during the appeals process, the judiciary usually refers matters back to the CMS to first exhaust the CMS’s internal processes –as provided for in section 7 of the Promotion of Administrative Justice Act (PAJA).
The prescribed fee of R2800.00 is payable for Section 50 Appeals.