Best Practice Guidelines: Healthcare Practice Management & POPIA Compliance Framework

Best Practice Guidelines: Healthcare Practice Management

POPIA Compliance Framework




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2. How to Start your Practice

2.1. Checklist: Starting a Practice

There are many pieces of legislation that medical professionals have to adhere to, most of which you have already come across or have already been complying within your previous position as a physician at a larger business.

Here are some of the main items you’ll need to register and apply for if you want to become a private medical professional:


Action Point Contact Information
  Action maps:
Establish Compliance Stage
 

Health Professions Council of South Africa (HPCSA)

There are several requirements you’ll need to meet to qualify for membership to the HPCSA, such as:

  • You will need to provide proof of at least two years of post-registration experience in the category that you’re registering in.

  • Send in all relevant documentation including:

  • The application form (Form 133)
  • An original letter from your previous employer, confirming you have at least two years of post-registration experience in medical technology in your particular field.
  • The amount of R314.00 for a Certified Extract certificate for the register, which will enable you to register your practice and receive a practice number at the Board of Healthcare Funders of South Africa.
  • Proof of payment of the annual fee.
  • Proof of compliance with the Continuing Professional Development programme. 
The Registrar
PO Box 205
Pretoria
0001

553 Vermeulen Street
Arcadia
Pretoria
0083

info@hpcsa.co.za

012 338 9300/01

Board of Healthcare Funders of South Africa (BHF)

To expedite payments of accounts from Medical Schemes and the Road Accident Fund, you’ll need to obtain a PCNS number from the Board of Healthcare Funders of South Africa (BHFSA) as a practitioner, practice or agency.

The board will require you to pay a registration fee and complete its registration form. After you’ve completed this you will be given a practice number, which you’ll need to attach to all your communications.

  • Visit the PCNS website https://www.pcns.co.za and download relevant application forms
  • Once completed, all forms and required documentation should be returned to the BHF offices by registered mail or overnight courier, together with the applicable registration fee (see rates online) or proof of payment of the applicable fee via bank EFT.
  • Upon successful completion of the accreditation process, a unique practice number will be issued by the BHF and awarded to the applicant. This practice number must appear on all official documentation and communications.
  • PCNS registration must be renewed annually by 31 March.
    • Certified copy of Identity Document
    • Certified copy of the passport and proof of permanent residence permit, where the applicant is not a South African citizen.
    • Certified copy of Independent Practice Registration Certificate from the Health Professions Council of South Africa
    • Certified copy of Marriage Certificate or Divorce Decree (where applicable).
    • Certified copy of a Dispensing Licence from the Department of Health of South Africa (if applicable)
    • Proof from the Health Professions Council of South Africa that the subscription fee has been paid for the current year
    • Copy of Certificate: Approval of other Remunerative Work, confirming that you have the necessary permission to practice outside of the conditions of your employment with the state (where applicable)
    • Proof of payment of PCNS Application Fee (Non-Refundable)
    • Form providing details of a Commissioner of Oaths
    • Form providing details of the practice/facility/service/business Signed Declaration
    • Banking details verification form
    • OPTIONAL: The bank debit order instruction forms for PCNS annual renewal fees.

BANKING DETAILS

Bank: Nedbank
Branch: The Mall of Rosebank
Branch Code: 197705
Account No: 1958 518 530
Account Type: Cheque account
Account Name: PCNS

REFERENCE: PLEASE USE YOUR SURNAME AND COUNCIL REGISTRATION NUMBER AS A REFERENCE.

All FNB clients please note that the BHF is a public registered business and you can use your online banking and or banking app to pay for your practice renewal. Their bank account details are registered under PCNS.

Please email your Proof of Payment to pcns_admin@bhfglobal.com

Please communicate all enquiries via email at clientservices@bhfglobal.com.

Client Services: 0861-30-20-10

Lower Ground Floor
South Tower
1Sixty Jan Smuts
Rosebank
2196

PO Box 2863
Saxonwold
2132 

Have the law in your corner - Medical Malpractice Insurance

All medical professionals and practices, without exception, including physiotherapists, homoeopaths, nursing homes and elderly care facilities, need to have protection by means of medical malpractice insurance. With mandatory insurance, medical professionals can protect themselves against claims and limit their exposure to costs and damage to reputation.

Options to choose from in South-Africa:

  • PPS Health (ProAssurance Corporation) - details to Register
  • Natmed Medical Defence
  • Genoa Underwriting Managers
  • GENRIC Insurance
  • AON South-Africa
  • Shackleton Risk Management

  • Complete the web-based Application form to capture details relating to you and your practice of medicine.
  • For dentists, we also require the completion of a short supplementary application form specific to your dental clinical practice. This form can be downloaded from the website and once completed can be uploaded using the file upload functionality on the insurance-related section of the online application form.
6 Anerley Rd
Parktown
Johannesburg
2193

INDEMNITY@PPSHPI.CO.ZA

011 644 4255 or 011 644 4223

Register with the Receiver of Revenue - VAT

You need to register as a 

  • Vendor in terms of the Value Added Tax (VAT) Act
Compulsory Registration
  • It is mandatory for a business to register for VAT if the total value of taxable supplies made in any consecutive twelve-month period exceeded or is likely to exceed R1 million. The business must Register for VAT on eFiling or complete a VAT 101 - Application for Registration form and submit it to the local SARS branch within 21 days from the date of exceeding R1 million.   
Voluntary Registration
  • A business may also choose to register voluntarily for VAT if the value of taxable supplies made or to be made is less than R1 million, but has exceeded R50 000 in the past period of 12 months.  
  • When copies of documents are required, the copies do not need to be certified. 
  • Where a registered tax practitioner presents the Application on behalf of another person, a SARS Power of Attorney (POA) must accompany the Application.

If you are a business and need to register as a taxpayer:

  • Partnership/Joint venture
    • Certified or uncertified copy of a valid identity document, driving licence, passport, temporary identity document, asylum seekers certificate or permit together with the original identification of partners or copies of registration documents depending on the nature of the company.
    • Confirmation of partnership (VAT128) or Partnership Agreement if not VAT specific.

  • Company/CC/Co-ops
    • Copy of registration documents depending on the nature of the company. 
    • A certified or copy of a valid identity document, driving licence or passport, temporary identity document, asylum seekers certificate, permit of two members/directors/shareholders of the company/close corporation/share block.
    • VAT121 form, if the tax period is category E.
    • Co-operative:
      • Copy of a signed constitution, and
      • Co-ops certificate of confirmation, or
      • Notice of registration with the co-operative registration number (CR10)
      • Power of Attorney, if necessary.
It is very important that you submit the correct documents with your application. Failure to do so will result in a delay in processing the Application.
  • Acceptable sources of financial information proving the value of taxable supplies will include but is not limited to:
    • Copies of invoices issued
    • Signed financial statements
    • Written approval confirming that the tender was awarded
    • Copies of written signed contracts
    • Sale agreements
    • Copies of signed lease agreements (the lessee and lessor cannot be the same person)
    • Plans, rezoning documents, financing methods and/or signed offers of purchase indicate occupation date for property developers
    • In respect of going concern transactions, proof of taxable supplies made by the seller of the business.

www.sars.gov.za

SARS Contact Centre: 0800 00 SARS (7277)

For Tax Practitioners: pcc@sars.gov.za
For Taxpayers: contactus@sars.gov.za

7 Protea Street       
Centurion          
Pretoria 
0157

PO Box 436
Pretoria
0001

TAKE NOTE: Every region has its own Tax Offices. The contact details per region can be found on the SARS website.


Register with the Unemployment Insurance Fund - UIF

  • You have to register each employee and pay a monthly fee to the UIF

You are required by law to register with the Unemployment Insurance Fund (UIF) and contribute towards the fund if you have employed people for more than 24 hours per month.

The monthly contribution for UIF is two percent of your worker's gross salary per month. You must deduct one percent of your worker's gross salary per month and you as the employer contributes one percent.

  • Register online 
    • uFiling is a secure online system offered to commercial and domestic employers to register, declare and pay UIF contributions. When an employer has successfully registered, uFIling will provide the employer with the UIF reference number to be used when corresponding with the fund.
    • Step 1: Get the necessary information (ID numbers, addresses of employers and workers) ready.
    • Step 2: Complete the online registration forms. 
    • For other queries  please contact Ufiling on:
    • Tel: 0800 843 843
    • Email: ufilingsupport@uif.gov.za
  • Registering at a labour centre  
    • ​Step 1: Get the necessary information (ID numbers and addresses of employers and workers) ready before visiting a labour centre near you.
    • Step 2: Get the UI-8 (commercial employers) or the UI-8D and UI-19 (domestic/private employers) forms from your nearest Department of Labour office.
    • Step 3: Fill in the forms. Employers must complete the forms for both themselves and their workers. This form of registration of workers asks for an employer reference number. However, if the employer does not have a reference number yet, this part can be left open. The UIF will create a reference number and send it to the employer.
    • Step 4: Hand in the forms to the labour centre staff.

UIF Building 230 Lillian Ngoyi Street, 
Absa Towers
Pretoria Central
0052

The UIF
Pretoria
0052

012 337 1997 (Switchboard)
0800 030 007 (Call Centre)

webmaster2@labour.gov.za





Office of the Compensation Commission - Workman Compensation Fund

  • You will have to pay a yearly fee based on your estimated payroll expenses

  • Workman’s Compensation is a type of insurance, instituted by the Compensation for Occupational Injuries and Diseases Act.
  • It protects employers from dooming civil claims and enables both casual and full-time employees to claim compensation directly from the Fund for work-related injuries and disability.
  • You pay a yearly fee, determined as a percentage of the amount your business spends on salaries, and in turn, the fund will help cover all your employee's medical bills or compensation in the case of death.

  • To cover your workers against occupational diseases, injuries and death, you must register with the Compensation Fund. You can register online at http://www.labour.gov.za/

The fund covers an employee who is:

  • permanently employed
  • a domestic worker in a boarding house
  • an apprentice or trainee farmworker and
  • a worker paid by a labour agency.

Find out more about registering with the Compensation Fund or contact the Compensation Fund.


http://www.labour.gov.za

PO Box 955
Pretoria
0001

Compensation House
cnr Hamilton and Soutpansberg Streets
Arcadia
Pretoria
0001

012 319 9111
086 010 5350
012 357 1750
0860 105 350

cfcallcentre@labour.gov.za (link sends e-mail) 
cfenquiries@labour.gov.za

Contracts of Employment 

Labour regulations are altering rapidly and it is imperative to draw up a legally binding contract with all employees i.e. 

  • Practitioners
  • Receptionist 
  • Cleaners
  • etc. 

Certain notices have to be prominently displayed in terms of the Manpower Act. Consult your attorney or Labour advisor. 

  • Employment relationships are built on trust and the rights of parties. Employees and employers have very specific rights in terms of common law and labour legislation. Balancing these rights is extremely important and pivotal to a fair and successful employment relationship. It must always be remembered that with every right there is an obligation. In other words, the rights of the employee are the obligations of the employer; and the rights of the employer are the obligations of the employee.

Visit the labour website for more information on Employment Acts etc.


239 Concillium Building
Cnr Nana Sita and Thabo Sehume Streets
Pretoria
0001

PO Box 393
Pretoria
0001

Albertinah.Phasha@labour.gov.za or
gp.customercare@labour.gov.za

(012) 309 5000
079 510 5179

http://www.labour.gov.za/

Register with the Receiver of Revenue - TAX

You need to register as a 

  • Taxpayer
  • Employer (Site Tax and Regional Service Council Taxes)

  • According to law, an employer must register with the South African Revenue Service (SARS) within 21 business days after becoming an employer, unless none of the employees is liable for the normal tax.
Complying with your tax obligations as a small business has been made a lot easier over the past few years. Read below for more information:
  • If you are starting out and need to register as a company, you will have to contact the Company and Intellectual Property Commission (CIPC), formerly called CIPRO. Please note that Companies are first required to register with the (CIPC) offices before registering with SARS for an Income Tax reference number. Once a taxpayer registered with CIPC, SARS will automatically generate an Income Tax reference number. The taxpayer must then register on eFiling to transact electronically.

  • Visit www.sarsefiling.co.za
  • Click on register, complete your details and you will be registered automatically and issued with an income tax reference number on your eFiling profile.
  • You will need the following details handy:
    • Name and Surname
    • Identification documentation (ID) number
    • Address details 

  • How to obtain your Tax Clearance Information: As a Small, Micro or Medium Enterprise (SMME), at some point or another, you will be required to provide/confirm/share your Tax Clearance information with another entity. This could be to apply for a tender, new contract, good standing or in respect of Foreign Investment. 
     
  • Registering for Turnover Tax. Turnover tax is a simplified tax system for small businesses with a qualifying turnover of not more than R1 million per annum. It is a tax based on the taxable turnover of a business and is available to sole proprietors (individuals), partnerships, close corporations, companies and co-operatives. The turnover tax takes the place of VAT (in the instance that you have not decided to elect back into the VAT system), provisional tax, income tax, capital gains tax, secondary tax on companies (STC) and dividends tax. So qualifying businesses pay a single tax instead of various other taxes. It’s elective – so you choose whether to participate. For Tax Tables see below.

  • In the case where you are already registered as a company and you meet certain qualifying requirements, you may register as a small business corporation (SBC) in order to get additional tax incentives. One of the incentives for SBCs is a reduced corporate tax rate.
  • Also note that if you are an employer, you are required to apply to SARS for registration as an employer within 14 days after becoming an employer for purposes of paying employees’ tax which includes PAYE, SDL and UIF where applicable.
www.sarsefiling.co.za

www.sars.gov.za

SARS Contact Centre: 0800 00 SARS (7277)

For Tax Practitioners: pcc@sars.gov.za
For Taxpayers: contactus@sars.gov.za

7 Protea Street       
Centurion          
Pretoria 
0157

PO Box 436
Pretoria
0001

TAKE NOTE: Every region has its own Tax Offices. The contact details per region can be found on the SARS website.



Register with CIPC - Companies and Intellectual Property Commission



Company Registrations

  • There are five types of companies that you can register.  If you wish to run a franchise business, you would register a private company.  If you wish to register a church, you would register a non-profit company.  A private school could be registered as a private company or non-profit company, depending on its objectives.  An association of professionals such as lawyers, doctors, civil engineers etc, may be registered as a personal liability company.  For personal liability companies, it is recommended that you consult the relevant regulatory or registration authority of such a profession to confirm the type of company registration required.
  • A company registration may vary between R125 and R475 (R125 for a private company, R475 for a non-profit company registered without members).

  • In terms of the Companies Act, 2008, a for-profit company (e.g. the private company) may be registered with or without a company name while a not for profit company must have a name. When a company is registered without a reserved name, its registration number automatically becomes the company name with (South Africa) as the suffix. This is the quickest way to register a company.

  • Such a company may transact with a trading (business) name or may apply to add a reserved name at a later stage. In this case, the company will need to first reserve a name and then apply for a name change, which constitutes a change to its Memorandum of Incorporation (MOI) (refer to  Maintain a Business).
  • If your initial name reservation application is not approved, you will need to apply for new names. You may apply for between 1 and 4 names during each application process. Each name reservation application costs R50 and since it is regarded as a filing fee and not an administrative fee, it is not refundable. It is advised that a free Trade Mark search and browser search (using your preferred browser Google or Chrome etc) to confirm the use of your proposed name before submitting such as part of your name reservation application.
  • Your name reservation application is only registered or reserved upon written confirmation from CIPC in the form of a CoR9.4.  The name reservation is valid for 6 months during which period you must have used it on a company or co-operative registration or a change to a company or close corporation name.

Available Platforms for name reservations:

  • New E-services – www.cipc.co.za / Online Transacting / New E-services
  • BizPortal – www.bizportal.gov.za
  • CIPC Mobile App
  • Self Service Terminal
  • Banks (as part of the company registration process)
  • Associated name reservations or names requiring supporting documentation namereservationsandregistrations@cipc.co.za
  • e-Services – www.cipc.co.za / Online Transacting / e-Services

the dti Campus
Block F
77 Meintjies Street
Sunnyside
Pretoria

Call Centre: 086 100 2472

http://www.cipc.co.za

Register with the Receiver of Revenue - PAYE TAX

You need to register your employees for 

  • PAYE TAX
Registering as an Employer

  • According to law, an employer must register with the South African Revenue Service (SARS) within 21 business days after becoming an employer, unless none of the employees is liable for the normal tax.

For Employers - if you want to apply for registration of Payroll taxes open the website to access the following options:
  • How to register for PAYE on eFiling
  • Complete the EMP101e Payroll taxes - Application for Registration taxes form
  • For assistance in completing the form, see the Guide for completion of the Employer Registration application.
  • If you are already registered for another tax type via eFiling, please see How to complete the Registration, Amendments and Verification Form (RAV01) guide as part of the Single Registration initiative.
Registering as a branch
  • Where an employer has, for registration purposes, applied for separate registration of branches of the enterprise, each branch is considered to be a separate employer.
  • To register as a branch separately from the main branch, an EMP102e form – Payroll Taxes – Application for Branch Registration must be filled in and sent to SARS.
www.sarsefiling.co.za

www.sars.gov.za

SARS Contact Centre: 0800 00 SARS (7277)

For Tax Practitioners: pcc@sars.gov.za
For Taxpayers: contactus@sars.gov.za

7 Protea Street       
Centurion          
Pretoria 
0157

PO Box 436
Pretoria
0001

TAKE NOTE: Every region has its own Tax Offices. The contact details per region can be found on the SARS website.