Western Cape
South Africa
South Africa
Western Cape Health Service Fees Act
Act 5 of 2008
- Published in Western Cape Provincial Gazette 6590 on 19 December 2008
- Assented to on 15 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 28 March 2024.]
1. Definitions
In this Act, unless the context indicates otherwise:"Department" means the provincial department responsible for health matters in the Province;"forensic pathology services" means the service rendered by the Department, including, but not limited to—(a)the examination of a dead human body or the remains thereof with the purpose of establishing the cause of death and factors associated with death; and(b)laboratory or mortuary services used for post mortem examinations and medico-legal autopsies;"health care provider" means a person providing health services in terms of any law, including the—(a)Allied Health Professions Act, 1982 (Act 63 of 1982);(b)Health Professions Act, 1974 (Act 56 of 1974);(c)Nursing Act, 2005 (Act 33 of 2005);(d)Pharmacy Act, 1974 (Act 53 of 1974); and(e)Dental Technicians Act, 1979 (Act 19 of 1979);"health services" means any health care services rendered by the Department, including reproductive health care, emergency medical treatment, basic nutrition and basic health care services, medical treatment, mortuary services and forensic pathology services;"Minister" means the provincial Minister responsible for health matters in the Province;"mortuary services" means the service rendered by the Department, relating to the storage of a corpse;"Province" means the Province of the Western Cape;"provincial public health establishment" means a health establishment that is owned or controlled by the Department; and"user" means a person receiving health services.2. Schedule of fees for health services
3. Declaration by user
4. User’s own practitioner
When a user in a provincial public health establishment selects and engages his or her own health care provider, the Department is not liable for the fees payable to the health care provider.5. Offences and penalties
A person who knowingly furnishes false or misleading information in a declaration referred to in section 3(1) commits an offence and, upon conviction, is liable to a fine or to imprisonment, for a period not exceeding six months, or to both such fine and imprisonment.6. Transitional provisions
The Regulations, prescribing the uniform patient fee schedule for health care services rendered by the Department for externally funded and subsidised patients, issued in terms of the Hospital Ordinance, 1946 (Ordinance 18 of 1946) and in force at the commencement of this Act, are regarded as regulations made under this Act.7. Repeal of law
The Hospital Ordinance, 1946 (Ordinance 18 of 1946), is repealed.8. Short Title
This Act is called the Western Cape Health Services Fees Act, 2008.History of this document
19 December 2008 this version
15 December 2008
Assented to