Bermuda Hospitals Board Amendment (No. 2) Act 2008
BERMUDA HOSPITALS BOARD AMENDMENT (NO. 2) ACT
2008


BERMUDA

2008 : 33

BERMUDA HOSPITALS BOARD AMENDMENT (NO. 2) ACT
2008

Date of Assent: 30 July 2008

Operative Date: 30 July 2008

WHEREAS it is expedient to amend the Bermuda Hospitals
Board Act 1970:

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, which amends the Bermuda Hospitals Board Act 1970,
(hereinafter referred to as the "principal Act"), may be cited as the
Bermuda Hospitals Board Amendment (No. 2) Act 2008.

Amends section 1
2 Section 1 of the principal Act is amended—

(a) by inserting the following definition next after the
definition “the general hospital”—

“health services” means services provided under section
6A or 6B for the care or relief of the sick or infirm; “
and

(b) in the definition “the hospitals”—

(i) by replacing the word “infirmed” with the word
“infirm”; and


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2008


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(ii) by inserting next after the word “Board” the
words “by the Minister by notice published in
the Gazette”.

Amends section 6
3 Section 6 of the principal Act is amended—

(a) by replacing the headnote and subsection (1) with the
following —

“Mandate of the Board
6 (1) The Board shall, subject to this Act—

(a) have the general charge and management
of the hospitals and any movable and
immovable property appurtenant thereto;
and

(b) have overall responsibility for the
provision of health services.”; and

(b) in subsection (2), by replacing paragraphs (a) to (d) with
the following —

“(a) administer the hospitals and the provision of
health services in an efficient manner and in
such a way as to promote the welfare of
patients;

(b) so far as funds at its disposal permit, promptly
make available at the hospitals modern
methods of treatment of the sick and infirm,
and use such methods in the provision of
health services;

(c) co-ordinate the administration and operation
of the hospitals and the provision of health
services;

(d) make recommendations to the Minister on the
development of the hospitals and the hospital
service, on the provision of health services and
on such matters as the Minister may refer to
the Board; and”.

Inserts new sections 6A and 6B
4 The principal Act is amended by inserting the following next after
section 6—

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2008


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“Provision of health services by the Board at places other
than hospitals
6A (1) The Board may provide health services at places other
than hospitals in a manner determined by the Board.

(2) The Board may exercise, in relation to the provision by
it of health services under this section, any functions that the
Board may exercise in relation to hospitals.

Provision of health services by other persons or entities
6B (1) The Board may enter into agreements (including
partnering arrangements or joint ventures) with other persons or
entities for the provision of health services, including at places
other than hospitals.

(2) Where a person or entity provides health services
under this section, the Board may authorize that person or
entity to exercise, in relation to the provision of health services
by that person or entity, any functions that the Board may
exercise in relation to hospitals.

(3) Where health services are provided under this section
by a corporation, that corporation shall be wholly or in major
part owned by the Board, directly or indirectly, and shall have a
majority of its directors appointed in accordance with the
instructions of the Board.

(4) Where health services are provided under this section
by a person or an entity that is not a corporation, the Board
shall ensure that the Board has a means of ownership or control
over that person or entity equivalent to what it would have in the
case of a corporation under subsection (3).

(5) Where a person or entity provides health services
under this section, that person or entity shall provide audited
financial statements to the Board annually, within 4 months
after the end of its financial year.

(6) References in this Act to officers and servants of the
Board do not include any person employed by a person or entity
that provides health services under this section.

(7) For the purposes of this section, “entity” includes a
partnership.”.

Amends section 14
5 Section 14 of the principal Act is amended by—

(a) deleting the words “administer the hospitals and shall
levy such rents, fees and other charges for hospital

BERMUDA HOSPITALS BOARD AMENDMENT (NO. 2) ACT
2008


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services as” and replacing them with the words “perform
its functions, including the administration of the
hospitals, and shall levy rents, fees and other charges
for hospital services in a manner that”;

(b) deleting the words “purposes of the hospitals” and
replacing them with “purposes of this Act”.

Amends section 16
6 Section 16 of principal Act is amended by inserting next after the
word “hospitals”, wherever they occur, the words “or the provision of
health services.”.

Amends section 18
7 Section 18 of the principal Act is amended by—

(a) inserting after paragraph (b) the following

“(c) any other income and expenditure of the Board;
and”; and

(b) replacing the letter “(c)” with the letter “(d)”.

Amends section 19
8 Section 19 of the principal Act is amended by inserting the
following after subsection (2)—

“(3) In addition to any other audit, the Minister may at any
time require the Auditor to examine and report on the accounts
of any person or entity referred to in section 6B, and that person
or entity shall provide the facilities necessary for such
examination.”.