Bermuda Health Council Act 2004
BERMUDA HEALTH COUNCIL ACT 2004
BERMUDA
2004 : 22
BERMUDA HEALTH COUNCIL ACT 2004
[Date of Assent: 20 July 2004]
[Operative Date: 1 January 2006
except section 13: Notice in Gazette]
ARRANGEMENT OF SECTIONS
1 Short title
2 Interpretation
PART II
BERMUDA HEALTH COUNCIL
3 Establishment of the Council
4 General purpose of the Council
5 Functions of the Council
6 Composition etc. of the
Council
7 Policy directions
8 Employment of staff
9 Chief Executive Officer
10 Secondment of public officers
11 Accounts of Council
12 Annual report
PART III
REGULATION AND LICENSING OF
HEALTH SERVICE PROVIDERS
13 Licensing of health service
providers
14 Inspection
15 Regulations
16 Fees
PART IV
MISCELLANEOUS
17 Immunity
18 Confidentiality
19 Consequential amendments
20 Commencement
SCHEDULE
WHEREAS it is expedient to provide for the establishment of a
1
BERMUDA HEALTH COUNCIL ACT 2004
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Bermuda Health Council to regulate, coordinate and enhance the
provision of health services in Bermuda:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act may be cited as the Bermuda Health Council Act 2004.
Interpretation
2 In this Act —
"Council" means the Bermuda Health Council established under
section 3;
"health professional" means a person who is registered to
practise his or her health profession by the relevant
regulatory authority;
"health service provider" means a person, group of persons or
organization that operates a business offering health services
to the public, but does not include a person who is an
employee under a contract of service;
"health services" includes hospital, medical, dental and
professional services related to health;
"licence" means a licence issued under Regulations made under
section 15;
"Minister" means the Minister responsible for Health.
PART II
BERMUDA HEALTH COUNCIL
Establishment of the Council
3 (1) There is hereby established a body to be called "the
Bermuda Health Council" which shall perform the functions assigned to
it by this Act and by any other statutory provision.
(2) The Council shall be a body corporate with perpetual
succession and a common seal and may sue and be sued in its corporate
name.
(3) The Council may enter into contracts and do all things
necessary for the performance of its functions.
General purpose of the Council
4 (1) The general purpose of the Council is to regulate,
coordinate and enhance the delivery of health services.
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(2) In pursuance of subsection (1) where there is any
inconsistency between this Act and any Act dealing with health
professionals or health service providers, this Act shall to the extent of
the inconsistency prevail over that Act.
Functions of the Council
5 The functions of the Council are —
(a) to ensure the provision of essential health services and
to promote and maintain the good health of the residents
of Bermuda;
(b) to exercise regulatory responsibilities with respect to
health services and to ensure that health services are
provided to the highest standards;
(c) to regulate health service providers by monitoring
licensing and certification, and establishing fees,
standards and codes of practice;
(d) to regulate health professionals by monitoring licensing,
certification, standards and codes of practice;
(e) to manage the health insurance plan established under
the Hospital Insurance Act 1970 and to licence health
insurers;
(f) to identify and publish goals for the health care system,
to coordinate and integrate the provision of health
services, and make recommendations to the Minister on
the prioritisation of initiatives with respect to health
services;
(g) to licence health service providers;
(h) to regulate the price at which drugs are sold to the
public;
(i) to establish and promote wellness programmes;
(j) to conduct research, collect, evaluate and disseminate to
the public information on the incidence of illness and
other relevant information necessary to support objective
decision making with respect to public health and the
optimal use of resources; and
(k) to advise the Minister on any matter related to health
services that may be referred to the Council by the
Minister.
Composition etc. of the Council
6 (1) The Council shall consist of the following ex officio
members —
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(a) the Chief Medical Officer;
(b) the Chief Executive Officer;
(c) the Permanent Secretary of the Ministry of Health and
Family Services;
(d) the Financial Secretary,
and not less than nine nor more than eleven other "ordinary members"
appointed by the Minister.
(2) Ordinary members of the Council shall hold office for such
term as may be specified in their instrument of appointment and on the
initial appointment the term of office shall be varied to ensure continuity
in the management of the Council.
(3) Ordinary members are eligible for reappointment.
(4) The Minister shall appoint a Chairperson and a Deputy
Chairperson from among the ordinary members of the Council who shall
hold such office at the Minister's pleasure.
(5) Subject to this section, the Council may regulate its own
procedure.
(6) The Minister may at any time declare the office of an
ordinary member of the Council vacant if he is satisfied that the
member—
(a) has failed without sufficient cause to attend three
consecutive meetings of the Council;
(b) is incapacitated by physical or mental illness; or
(c) has otherwise become unable or unfit to perform his
duties as a member.
(7) A person appointed to fill a vacancy left by an ordinary
member who did not complete his term of office may be appointed for the
unexpired portion of that member's term and no longer, but an
appointment to such a vacancy need not be made where the unexpired
portion of the term is less than three months.
(8) Seven members constitute a quorum at any meeting of the
Council.
(9) Any question for decision by the Council shall be decided by
a majority of the members present and voting and each member shall
have one vote, except that the person presiding shall have a second vote
if there is a tie.
(10) An act of the Council is not invalid by reason only of a
vacancy in the Council's membership or a defect in a member's
appointment.
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(11) The Council may establish committees for such purposes as
it sees fit.
(12) Fees shall be paid to members of the Council in accordance
with the Government Authorities (Fees) Act 1971.
Policy directions
7 The Minister, after consultation with the Council, may give
general directions as to the policy to be followed by the Council in the
performance of its functions as appear to the Minister to be necessary in
the public interest, and the Council shall give effect to any such
directions.
Employment of staff
8 (1) Subject to sections 9 and 10, the Council, after consultation
with the Minister, may appoint such officers and engage such employees
as it considers necessary for the purposes of this Act.
(2) Subject to subsection (1), the terms and conditions of
employment of persons appointed or engaged shall be as determined by
the Council.
Chief Executive Officer
9 (1) There shall be a Chief Executive Officer of the Council who
shall be appointed by the Council with the approval of the Minister and
whose services shall not be terminated by the Council except with the
like approval.
(2) The remuneration, emoluments, terms and conditions and
period of service of the Chief Executive Officer shall be fixed by the
Council with the approval of the Minister and shall not be altered except
with the like approval.
Secondment of public officers
10 (1) A public officer may be appointed to employment with the
Council by way of secondment, subject to such conditions as the Public
Service Commission may determine.
(2) A public officer seconded in accordance with subsection (1)
to employment with the Council shall, in relation to pension, gratuity or
other allowance and rights and obligations of a public officer, be treated
as continuing in a public office notwithstanding the secondment.
Accounts of Council
11 (1) The Council shall cause proper statements of its financial
affairs to be maintained and shall prepare in respect of each financial
year a statement of its accounts in such form as the Accountant-General
may direct.
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(2) The statement of accounts referred to in subsection (1)
must⎯
(a) present fairly the financial transactions of the Council
during the financial year to which they relate; and
(b) present fairly the financial position of the Council at the
end of the financial year.
(3) The Council shall within three months after the end of the
Council's financial year cause to be submitted to the Auditor General the
statement of its accounts.
(4) The Council's financial year is to end on 31st March in each
year or on such other day as the Council may, with the approval of the
Minister, determine.
Annual report
12 (1) The Council shall, as soon as practicable after the end of
each financial year, forward to the Minister —
(a) a report on the operations of the Council during that
year; and
(b) a copy of the accounts of the Council for that year
certified by the Auditor-General.
(2) The report prepared for the purpose of subsection (1)(a)
shall set out any directions given by the Minister to the Council during
that year.
(3) The Minister shall cause copies of the report of the Council
and the accounts of the Council forwarded to him under subsection (1) to
be laid before both Houses of the Legislature.
PART III
REGULATION AND LICENSING OF HEALTH SERVICE
PROVIDERS
Licensing of health service providers
13 (1) No person, group of persons or organization shall carry on a
business as a health service provider unless licensed to do so under
regulations made under section 15.
(2) Any person who contravenes subsection (1) commits an
offence and is liable on summary conviction to a fine of $20,000.00 or to
imprisonment for twelve months or to both such fine and imprisonment.
Inspection
14 (1) The Minister may designate public officers as inspectors.
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(2) An inspector may at all reasonable times enter and inspect
any premises operated by a health service provider and may require the
production of records relating to fees and services provided by that
health service provider.
(3) Any person who obstructs an inspector in carrying out his
functions or fails to produce any records reasonably required by an
inspector commits an offence and is liable on summary conviction to a
fine of $5,000.00.
Regulations
15 (1) The Minister, after consultation with the Council, may make
regulations —
(a) governing applications for the issue of licenses to health
service providers;
(b) prescribing the fees for services provided by health
service providers;
(c) establishing an appeals procedure where a licence is
refused, suspended or cancelled by the Council;
(d) prescribing professional and other qualifications
required by health service providers;
(e) requiring licensed health service providers to supply
such returns, statistics or other information as the
Council may, by notice in writing, require;
(f) governing inspections, their management and conduct;
(g) creating offences for any contravention of the
regulations;
(h) necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
(2) Regulations made under subsection (1) are subject to the
affirmative resolution procedure.
Fees
16 The fees for the issue or renewal of licences under this Part shall
be prescribed under the Government Fees Act 1965.
PART IV
MISCELLANEOUS
Immunity
17 No proceedings shall lie against the Council, any member of the
Council or any person acting on the direction of the Council for anything
done in good faith in the exercise of their functions under this Act.
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Confidentiality
18 (1) Except in so far as may be necessary for the due
performance of a person's functions under this Act or any other statute
and subject to subsections (3), (4) and (5), any person who is a member
of the Council or who is acting as an officer, a servant, an agent or an
adviser of the Council shall preserve and aid in preserving confidentiality
with regard to all matters relating to the affairs of the Council or of any
person, that may come to his knowledge in the course of his duties.
(2) Any member, officer or servant of the Council who —
(a) communicates any matter relating to the affairs of the
Council or of any person, that may come to his
knowledge in the course of his duties to any person
other than —
(i) the Minister;
(ii) a member of the Council; or
(iii) an officer of the Council authorized in that
behalf by the Chief Executive Officer; or
(b) permits any unauthorized person to have access to any
books, papers or other records relating to the Council,
commits an offence and is liable on summary conviction, to a fine of
$10,000.00 or to imprisonment for a term of six months or to both such
fine and imprisonment and on conviction on indictment to a fine of
$25,000.00 or to imprisonment for a term of two years or to both such
fine and imprisonment.
(3) Subsection (1) does not preclude the disclosure of
information —
(a) for the purpose of enabling or assisting the Minister to
exercise any functions conferred on him by this Act or
Regulations made under this Act or in connection with
the dealings between the Minister and the Council when
the Council is exercising its functions under this Act or
any regulations made under this Act;
(b) if the information is or has been available to the public
from other sources.
(4) No officer, servant, agent or adviser of the Council shall be
required to produce in any court any book or document or to divulge or
communicate to any court any matter or thing coming under his notice
in the performance of his duties under this Act, except on the direction of
the court or in so far as may be necessary for the purpose of carrying
into effect this Act or any other statutory provision.
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Consequential amendments
19 The amendments set out in the Schedule shall have effect.
Commencement
20 This Act comes into operation on such day as the Minister may
appoint by notice published in the Gazette and different days may be
appointed for different provisions of this Act.
SCHEDULE (section 19)
CONSEQUENTIAL AMENDMENTS
1. (1) The Hospital Insurance Act 1970 ("the Act") is retitled as
"the Health Insurance Act 1970".
(2) Section 1 of the Act is amended —
(a) in subsection (1) —
(i) by deleting the definition of "the Commission" and
substituting the following —
""the Council" means the Bermuda Health Council
established under section 3 of the Bermuda
Health Council Act 2004",
(ii) by deleting the definition of "the Fund" and
substituting the following —
""the Fund" means the Health Insurance Fund
established under section 12",
(iii) in the definition of "hospital insurance" by deleting
"hospital insurance" and substituting "health
insurance" in both the definition and the text of the
definition,
(iv) in the definition of "indigent person" by deleting "of
Health and Social Services" and substituting
"responsible for Health",
(v) by deleting the definition of "Minister" and
substituting the following —
""the Minister" means the Minister responsible for
Health",
(vi) in the definition of "school leaving age" by deleting
"26 of the Education Act 1954" and substituting
"40 of the Education Act 1996";
(b) in subsection (3), by deleting paragraph (d).
(3) Sections 6 to 11 of the Act are repealed and the heading to
Part II is deleted and "BERMUDA HEALTH COUNCIL" substituted.
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(4) Section 40(1) of the Act is amended —
(a) by inserting after "may" where it first occurs ", acting on
the recommendations of the Council,";
(b) in paragraph (l) by deleting "$250" and substituting
"$2,000.00".
(5) The Act is amended generally by deleting "Commission",
"Hospital Insurance Fund" and "hospital insurance" wherever they
appear and substituting "Council", "Health Insurance Fund" and "health
insurance" respectively.
Amendment of statutory instruments
2. The following statutory instruments —
Hospital Insurance (Licensing of Insurers) Regulations 1971
Hospital Insurance (Approval Scheme) Regulations 1971
Hospital Insurance (Certificate of Entitlement) Regulations 1971
Hospital Insurance (Audit of Accounts) Regulations 1971
Hospital Insurance (Portability) Regulations 1971
Hospital Insurance (Standard Premium) Regulations 2003
Hospital Insurance (Health Insurance Plan) Regulations 1987
Hospital Insurance (Health Insurance Plan) (Premium) Order 1987
Hospital Insurance (Health Insurance Plan) (Additional Benefits) Order
1988
Hospital Insurance (Standard Hospital Benefit) Regulations 1971
Hospital Insurance (Deductions) Regulations 1971
Hospital Insurance (Cover) Regulations 1971
Hospital Insurance (Procedure for Subsidy Payments) Regulations 1971
Hospital Insurance (Health Insurance Plan) (Enrolment) Rules 1981
Hospital Insurance (Inspection of Records) Regulations 1971
Hospital Insurance (Maternity Benefit) Regulations 1971
Hospital Insurance (Artificial Limbs and Appliances) Regulations 1971
Hospital Insurance (Exemption) Regulations 1971
Hospital Insurance (Statistical Reports) Regulations 1986
Hospital Insurance (Double Cover) Regulations 1971
Hospital Insurance (Portability of Subsidy) Regulations 1973
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Hospital Insurance (Mental Illness, Alcohol and Drug Abuse) Regulations
1973
Hospital Insurance (Mutual Reinsurance Fund) (Prescribed Sum) Order
1999
are amended —
(a) in the title and generally throughout the text by deleting
"hospital insurance" and substituting "health
insurance";
(b) generally by deleting "Commission", "Hospital Insurance
Fund" and "hospital insurance" wherever they appear
and substituting "Council", "Health Insurance Fund" and
"health insurance" respectively.
