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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Medical Schemes Act, No. 131 of 1998

Long title


To consolidate the laws relating to registered medical schemes; to provide for the establishment of the Council for Medical Schemes as a juristic person; to provide for the appointment of the Registrar of Medical Schemes; to make provision for the registration and control of certain activities of medical schemes; to protect the interests of members of medical schemes; to provide for measures for the coordination of medical schemes; and to provide for incidental matters.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. DEFINITIONS
1.  Definitions

CHAPTER 2. APPLICATION OF ACT
2.  Application of Act

CHAPTER 3. COUNCIL FOR MEDICAL SCHEMES

Part 1. Council
3.  Establishment of Council for Medical Schemes
4.  Constitution of Council
5.  Disqualification as member of Council, and vacation of office
6.  Term of office of member of Council
7.  Functions of Council
8.  Powers of Council
9.  Committees of Council
10.  Meetings of Council
11.  Remuneration of members of Council and committees
12.  Funds of Council
13.  Accounting officer
14.  Annual report
15.  Consultation between Minister and Council
16.  Cases of improper or disgraceful conduct
17.  Liquidation

Part 2. Registrar, Deputy Registrar and staff of Council
18.  Appointment of Registrar and Deputy Registrar of Medical Schemes
19.  Staff of Council

CHAPTER 4. MEDICAL SCHEMES
20. Business of Medical Scheme
21.  Use of designation “medical scheme”
21A. Marketing [...inserted by Act 2001_055_006_20011214]
22.  Application for registration
23.  Name of medical scheme and change of name
24.  Registration as medical scheme
25.  Notification of registration
26.  Effect of registration
27.  Cancellation and suspension of registration
28.  Prohibition of membership of, and claims against, more than one medical scheme

CHAPTER 5. RULES OF MEDICAL SCHEME
29. Matters for which rules shall provide
29A. Waiting [...inserted by Act 2001_055_010_20011214]
30. General provisions to be contained in rules
31. Amendment of rules
32. Binding force of rules

CHAPTER 6. BENEFIT OPTIONS
33. Approval and withdrawal of benefit options
34. Prohibition on cession and attachment of benefits

CHAPTER 7. FINANCIAL MATTERS
35. Financial arrangements
36. Auditor and audit committee
37. Annual financial statements
38. Registrar may reject returns

CHAPTER 8. DOCUMENTS
39. Requirements in regard to documents to be deposited with Registrar
40. Effect of Registrar's certificate on documents
41. Right to obtain copies of, or to inspect certain documents

CHAPTER 9. POWERS OF REGISTRAR
42. Registrar may require additional particulars
43. Enquiries by Registrar
44. Inspections and reports
45. Persons not registered to furnish information
46. Removal of member of board of trustees

CHAPTER 10. COMPLAINTS AND APPEALS
47. Complaints
48. Appeal to Council
49. Appeal against decision of Registrar
50. Appeal Board

CHAPTER 11. JUDICIAL MATTERS
51. Application to High Court
52. Judicial management
53. Winding-up
54. Compromise
55. Information as to compromise
56. Appointment of curator

CHAPTER 12. GENERAL
57. General provisions on governance
58. Administration by intermediary
59. Charges by suppliers of service
60. Preservation of secrecy
61. Undesirable business practices
62. Limitation of liability
63. Amalgamation and transfer
64. Voluntary or automatic dissolution
65. Broker services and commission
66. Offences and penalties
67. Regulations
68. Repeal of laws, and transitional arrangements
69. Short title and commencement
Sch. 1. SCHEDULE 1. LAWS REPEALED BY SECTION 68 (1) [s68]
Sch. 2. SCHEDULE 2. TRANSITIONAL ARRANGEMENTS [s68]

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