The Competition Commission’s Health Market Inquiry (HMI) is facing another delay in the publication of its long-awaited provisional report, as it might push out the deadline to unveil its findings and recommendations for the fourth time in less than a year.
The health inquiry, which was meant to start in January 2014 but only commenced in August that year, was established to probe the dynamics in the private healthcare market and to determine whether there are barriers to competition and patient access. It also examined the factors behind private healthcare costs.
The inquiry was set to release a provisional report on November 30, 2017. However, this was pushed to April 30 in 2018, then May 31, and the date was later revised to June 28. The release of the report on Thursday looks unlikely.
Director of the inquiry Clint Oellermann told Moneyweb on Monday that the inquiry will release a notice in the “next day [Tuesday] or two on the way forward and publication of the report.”
The possible delay in the publication of the report was announced in a notice on the Competition Commission’s website on Friday following objections raised by Life Healthcare. The private healthcare group believed that the inquiry relied on information it provided, thus the release of the provisional report would breach the confidentiality of the information. The health market inquiry holds a different view, saying the information contained in the provisional report is not confidential.
Life Healthcare has made a dramatic U-turn, as its group CEO Dr Shrey Viranna said in a statement to Moneyweb that it has withdrawn objections about confidentiality to ensure that there are no further delays to making the report public.
Withdrawal aside, the inquiry has approached the Competition Tribunal in accordance with the Competition Act to determine whether the information disputed by Life Healthcare is confidential and whether publication of the report breaches confidentiality.
Initially, four healthcare players – Discovery Health, Netcare, Life Healthcare and Mediclinic — objected to the publishing of certain information in the provisional report. However, the inquiry has been able to resolve disputes with Discovery Health, Netcare, and Mediclinic.
Industry response
The industry, including Advanced Health Group CEO Carl Grillenberger, had strong words for Life Healthcare. “What has Life Healthcare got to hide that they are trying to prevent the publishing of the report that everybody else in the industry would like to see? It’s actually an embarrassing attitude displayed by Life Healthcare,” said Grillenberger.
Advanced Health Group, a day clinic specialist, made submissions during the inquiry hearings.
Grillenberger said the fact that the inquiry panel, led by Judge Sandile Ngcobo, named Life Healthcare as the company holding the report back means that “they are not happy with the situation that one player is objecting to the publication.”
He looked forward to the report’s findings and recommendations on private healthcare patients being informed about the quality of service in relation to cost. “If a patient requires medical treatments, they should be in a position to compare the costs. At the present moment, this is not done.”
Signs that the publication of the interim report would be delayed again were clear at the announcement on Thursday of amendments to the Medical Schemes Bill and the soon-to-be-implemented National Health Insurance Bill by Health Minister Aaron Motsoaledi.
Motsoaledi said he heard rumours that unknown groups are trying to delay the release of the provisional report “to the extent that they might interdict it.” The health inquiry’s Oellermann didn’t comment on whether the inquiry faces legal action to scupper the release of the report.
Human rights group Section 27 said although it’s within Life Healthcare’s rights to protect its confidentiality, the on-going delays in releasing the report “impacts on the rights of everyone that seeks to vindicate their right to health through the private health system.”
“The HMI has postponed the conclusion of the inquiry multiple times for several reasons, including the delays in obtaining data from stakeholders such as medical schemes and private hospitals, the complexity of the data and the analysis thereof, and on the need to allow stakeholders access to the underlying data relied upon by the HMI,” Section 27 said.
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