As a sub-committee of Council, the Appeals Committee has two independent chairpersons. It consists of mostly members of Council who are medical and legal professionals who sits every second month. Section 49 of the Medical Schemes Act 131 of 1998 makes provision for any party who is aggrieved with the decision of the Registrar to appeal such a decision. This appeal is at no cost to either of the parties.
An appeal must be lodged within 30 days of the date of the decision. The operation of the decision shall be suspended pending review of the matter by the Council’s Appeal Committee.
The secretariat of the Appeals Committee will inform all parties involved of the date and time of the hearing. This notice should be provided no less than 14 days before the date of the hearing.
The parties may appear before the Committee and tender evidence or submit written arguments or explanations in person or through a representative. The Appeals Committee may after the hearing confirm or vary the decision concerned or rescind it and give another decision as they seem just.
A section 48 appeal may be lodged against the decision of a medical scheme or its independent disputes committee. The appeal must be lodged within three months after the decision was made. This appeal has a prescribed format and must be in the format of an affidavit .
For both section 48 and 49 appeals the decision that is being appealed against is suspended pending the outcome of the hearing.