Eileen Cox
On Sunday May 4 we learnt that Dr Leslie Ramsammy, Minister of Health, had been elected President of the World Health Assembly. This is a great honour for Dr Ramsammy and also for our small nation. We all know that great strides have been made in our health services under this Minister. A bill dealing with health facilities – The Health Facilities Licensing Act – was passed in the National Assembly on December 6 2007 and came into effect on May 1, 2008.
The bill contained an explanatory memorandum prepared by Minister Ramsammy. It explains fully the provisions of the act. The memorandum is given hereunder.
“This Bill provides for the licensing of health facilities.
“Clause 3 states that the Act applies to health facilities including health services, places or persons.
“Clause 4 provides that no health facility shall operate except under the authority of a licence, However, under clause 5 a health facility which was in operation at the commencement of the Act, is given one year after the date of commencement of the Act to submit a proposal for a licence.
“Clause 6 provides that a proposal shall set out the business and professional experience of the persons submitting a proposal; details, nature and cost of the service or services to be provided in the health facility; details of the physical requirements of the proposed health facility; the projected planning, capital and operating cost of the health facility, the revenue source or sources for costs and the financial viability of the proposed facility; the role of the proposed health facility and service or services proposed to be offered in it, in the context of the National Health Plan and other action plans of the Ministry; details of the system that will be established to ensure the monitoring of the results of the service or services to be provided in the health facility; details of the nature source and training of the professional staff proposed for the health facility; and other information as is relevant to the requirement and limitation specified in the request for proposals.
“Clause 7 spells out the factors that the Minister may take into consideration before issuing a licence.
“Clause 8 declares that the Minister shall serve notice to the person who submitted the proposal for a licence as to whether he proposes to issue a licence or to refuse to issue a licence and the person is entitled to written reasons for the Minister’s action where the Minister refuses to issue the licence, if the person makes a request within seven days of receipt of the Minister’s notice.
“Clause 10 provides that a licence is not transferable without the consent of the Minister and clause 11 states that every licence expires annually on the anniversary of its issuance or renewal, unless it is revoked or is surrendered to the Minister before that date.
“Clause 14 provides that where the Minister is of the opinion that a health facility should continue to operate after the expiry, surrender, suspension or revocation of the licence: after the death of the licensee or after the licensee ceases to operate the facility, the Minister, by a written order, may take control of and operate the facility for a period not exceeding one year.
“Under clause 17 the Minister may, in the public interest appoint a person as a supervisor of a health facility. A supervisor has the exclusive right to exercise all of the powers of the Board of the Corporation, where the health facility is owned or operated by a Corporation and of the individual, where the health facility is owned or operated by an individual.
“Clauses 18 and 19 allow the Minister to appoint inspectors and assessors respectively, to inspect and assess the quality and standards of services provided in a health facility.
“Clause 25 provides that all information obtained by a person employed in the administration of the Act, or making an assessment or inspection under the Act is confidential information.
“Clause 28 states that the Minister shall prepare and submit an annual report to the National Assembly and clause 29 provides for the regulation making powers of the Minister.
“Clause 30 repeals the Public Hospital Ordinance (Cap. 139) and the Private Hospitals Act 1972 (Act No. 2 of 1972)”
