Press release: LHR clarifies misleading statements on right to health care for pregnant Zimbabwean national

In the wake of worrying reports this morning on Eyewitness News that a heavily pregnant Zimbabwean woman was supposedly denied medical assistance unless she paid R10 000 and alleged statements by the Department of Health that “all foreigners should be treated as private patients”, LHR would like to clarify the legal provisions regarding access to health care for foreign nationals.

• For the full article visit: http://ewn.co.za/2015/02/25/First-on-EWN-Heavily-pregnant-Zim-woman-turn...

Firstly, it must be pointed out that medical care cannot be refused at primary health care level (such as clinics), medical assistance cannot be denied to pregnant or lactating women nor can health care be refused to children under the age of six.  In all of these categories, regardless of whether patients are able to pay or not – those needing assistance must be treated.

Secondly, when it comes to secondary health care (such as hospitals) – patients are classified as either H1, H2 or H3 (H1 paying the least and H3 paying the most). While it is true that foreign nationals are classified as H3, important exceptions exist.  Asylum seekers, refugees and members of SADC countries must be treated the same as South African citizens/permanent residents.  They must be subjected to a means test which measures their ability to pay.

As such, if these media accounts are correct (LHR has not consulted with the patient concerned to confirm her documentation status) the decision to refuse or delay treatment was unlawful because the woman concerned was pregnant and her concern related to her pregnancy and no investigation appears to have been conducted into her membership of a SADC country and, therefore, her income bracket.

Those facing similar situations are urged to contact Lawyers for Human Rights for assistance and advice.