Private Aged Healthcare Facilities and Services Act 2018

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

private healthcare facilities and services licensed under the Private Healthcare Facilities and Services Act 1998;

care centres registered under the Care Centres Act 1993

[Act 506] except care centres registered under the

Care Centres Act 1993 deemed to have been licensed under this Act pursuant to section 53; and

premises where an individual provides healthcare for his aged relative.

An application for an approval or a licence may be made by and granted to an individual, a body corporate, a partnership or a society.

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Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable—

a residential facility;

a day care facility;

any premises as the Minister may prescribe; and

any premises incorporating the specifications of any two or more of the premises in paragraphs (a) to (c).

A “day care facility” in paragraph (1)(b) means a facility without residential accomodation where aged healthcare facilities and services are provided for a continous period exceeding three hours in a day for at least three days in a week.

The Director General may determine different standards or requirements for different types of premises where aged healthcare facilities and services are to be provided.

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An application for an approval shall be accompanied by the prescribed fee.

the application is not made in accordance with the manner as determined by the Director General; or

the applicant has not shown proof that he is a fit and proper person to be granted an approval.

the type of premises where the aged healthcare facilities and services are to be provided;

the healthcare services to be provided;

the availability of and access to existing private aged healthcare facilities and services in the area to which the application for approval relates;

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the present and future needs for private aged healthcare facilities and services in the area to which the application for approval relates; and

any other matters which the Director General thinks is relevant.

The approval shall be in such form and contain such particulars as the Director General shall determine.

The approval shall be subject to the payment of the prescribed fee.

An application for the transfer or assignment of an approval shall be made to the Director General in such manner as the

Director General shall determine and shall be accompanied by the prescribed fee.

Any holder of an approval who contravenes subsection (1)

commits an offence and shall, on conviction, be liable—

An application for a licence shall be made to the

Director General in such manner as the Director General shall determine within three years from the date the approval is granted in respect of the private aged healthcare facilities and services to which the application for licence relates or such extended period as the Director General may allow.

An application for a licence shall be accompanied by the prescribed fee.

Where no application for a licence is made within the period specified in subsection (2) the approval shall be deemed revoked.

The persons appointed under subsection (1) shall submit a report of the inspection to the Director General as soon as practicable.

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A licence shall be in such form and contain such particulars as the Director General shall determine.

A licence shall be subject to the payment of the prescribed fee.

An interim licence shall be in such form and contain such particulars as the Director General shall determine.

An interim licence shall be subject to the payment of the prescribed fee.

The remedial works under subsection (1) shall be carried out within twelve months from the date the interim licence is granted or such extended period as the Director General may allow.

An interim licensee may at any time during the period specified in subsection (4) notify the Director General of his compliance with the standards or requirements.

Upon the expiry of the period in subsection (4) or upon being notified of the compliance under subsection (5), whichever is the earlier, an inspection of the premises shall be carried out to enable the Director General to reconsider the application for a licence.

Section 13 shall apply for an inspection of the premises under this section.

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grant a licence;

refuse the application; or

extend the interim licence for such period as the

Director General may allow to enable the compliance with the standards or requirements.

Upon the expiry of the extended period of the interim licence in paragraph (1)(c), an inspection of the premises shall be carried out to enable the Director General to further reconsider the application for a licence.

Where the Director General is satisfied with the report of the inspection of the premises under subsection (2), the

Director General may grant a licence.

A licence shall be in such form and contain such particulars as the Director General shall determine.

A licence shall be subject to the payment of the prescribed fee.

The Director General shall determine the duration of a licence upon renewal.

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An application for the transfer or assignment of a licence or an interim licence shall be made to the Director General in such manner as the Director General shall determine and shall be accompanied by the prescribed fee.

Any licensee or interim licensee who contravenes subsection (1)

commits an offence and shall, on conviction, be liable—

ensure that the healthcare professionals employed or engaged by the licensee are qualified under any law regulating their profession;

ensure that caregivers are trained and are competent;

ensure that the assessment of a care recipient are carried out by a healthcare professional;

ensure that arrangements have been made for a healthcare professional to be available at the private aged healthcare facilities and services;

submit an annual report on the private aged healthcare facilities and services to the Director General in such form and manner as the Director General shall determine;

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ensure that the private aged healthcare facilities and services is managed by a person in charge; and

perform other duties and responsibilities as the

Director General shall determine.

The policy statement of a licensed private aged healthcare facilities and services shall include the following matters:

The licensee shall display the policy statement at a conspicuous part of the private aged healthcare facilities and services.

that the care recipient, his relative, any person acting on behalf of the care recipient, any person who has direct contact with the care recipient, and any employee of the licensee are aware of the availability of the grievance mechanism plan and procedure;

that the grievance mechanism plan and procedure is used to address any complaint by the care recipient, his relative, any person acting on behalf of the care recipient or any person who has direct contact with the care recipient; and

that the grievance mechanism plan and procedure provides for the requirement to document the complaint.

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A person in charge shall be responsible—

the home address and address of place of work and the telephone numbers of each person designated as the emergency contact person of a care recipient; and

any relevant medical information relating to a care recipient.

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The licensee shall display a list of emergency telephone numbers including the telephone numbers of the fire and rescue services, ambulance services and the police at a conspicuous part of the private aged healthcare facilities and services.

The licensee shall ensure that the private aged healthcare facilities and services is equipped with a first-aid kit for emergency treatment which shall be kept at an accessible and safe place.

The licensee shall make arrangements for the training of a caregiver employed by the licensee in basic life support.

The licensee or person in charge shall keep the deceased in a separate area from the other care recipients.

A licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable—

any of the purposes for which such licensed private aged healthcare facilities and services is provided or operated;

any of the conditions of the approval or licence; or

any of the standards or requirements.

An application for any extension or alteration shall be made to the Director General in such manner as the Director General shall determine and shall be accompanied by the prescribed fee.

that the approval, licence or interim licence, or renewal of licence has been obtained by any false or misleading statement;

that an offence under this Act or any regulations made under this Act, any offence involving fraud or dishonesty,

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or any other offence punishable with imprisonment, in itself only or in addition to or in lieu of a fine, for more than two years, has been committed by the holder of the approval, the licensee or the interim licensee;

that the holder of the approval, the licensee or the person in charge has failed to comply with any directions of the Director General;

that the licensee or the person in charge has operated or managed or howsoever used the private aged healthcare facilities and services in a manner which is detrimental to the interest of the care recipients;

that the licensee has employed or engaged an unqualified person as a person in charge, a healthcare professional or a caregiver;

that the holder of the approval, licensee or interim licensee is adjudged a bankrupt; or

that the licensee has ceased to operate the private aged healthcare facilities and services.

Subsection (1) shall not apply where the grounds for revocation relates to paragraph 30(b), (f) or (g).

revoke the approval, licence or interim licence; or

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issue a warning or give any directions to the holder of the approval, licensee or interim licensee, or order the holder of the approval, licensee or interim licensee, to rectify the situation to the satisfaction of the Director

General.

In respect of an approval, licence or interim licence which has been revoked on the grounds in paragraph 30(b), (f) or (g), it shall be sufficient for the Director General to notify the holder of the approval, licensee or interim licensee, as the case may be, of the revocation of the approval, licence or interim licence respectively.

The notice to the Director General under subsection (1)

shall include the following:

Having considered the notice under subsection (1), the

Director General may give any directions relating to the closure of such licensed private aged healthcare facilities and services, including with regard to the accommodation and care of the care recipients, and the records of the care recipients.

Any person who contravenes subsection (1), serves a notice not in accordance with subsection (2) or contravenes any direction under subsection (3), commits an offence and shall, on conviction, be liable—

serve a notice of the revocation to the care recipients, his relatives or any person on behalf of the care recipients;

serve on the Director General a full report as the

Director General shall determine; and

serve on the Director General an action plan regarding the closure of such licensed private aged healthcare facilities and services, including, where the licensed private aged healthcare facilities and services provides accommodation, regarding the accommodation of the care recipients.

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Having considered the full report under paragraph (1)(b)

and the action plan under paragraph (1)(c), the Director General may give any directions relating to the closure of such licensed private aged healthcare facilities and services, including with regard to the accommodation and care of the care recipients, and the records of the care recipients.

Any person who contravenes subsection (1) or any direction under subsection (2), commits an offence and shall, on conviction, be liable—

The Director General may give any directions as the

Director General thinks necessary relating to such closure.

Any costs incurred relating to the closure of unlicensed private aged healthcare facilities and services under subsection (1)

shall be borne by the person providing or operating such private aged healthcare facilities and services and be deemed to be a debt due to the Government.

Any officer authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.

Any person may, on payment of the prescribed fee, inspect and make copies or take extracts of an entry in the Register.

A delegation under this section shall not preclude the

Director General himself from performing or exercising at any time any of the delegated powers or duties.

The Minister may confirm, reverse or vary any directions or decision appealed against.

The Minister may make such regulations to prescribe the procedure for appeal.

Regulations made under this Act may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine—

Any person who commits an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall, on conviction, be liable—

may be charged severally or jointly in the same proceedings with the body corporate, partnership or society; and

if the body corporate, partnership or society is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

that the offence was committed without his knowledge, consent or connivance; and

Whenever any agent or employee in the course of his employment does or omits to do any act the doing or the omission to do of which by his principal or employer would be an offence against this Act or any regulations made under this

Act, such agent or employee shall be guilty of that offence, and subsection (3) shall apply to his principal or employer.

If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—

any offence under this Act and any regulations made under the Act that may be compounded;

the criteria for compounding such offence; and

the method and procedure for compounding such offence.

The Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or any regulations made under this

Act, and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the

Director General of an amount of money not exceeding fifty per centum of the amount of the maximum fine for that offence within such time as may be specified in his written offer.

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An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

If the amount specified in the offer is not paid within the time specified in the offer or such extended period as the

Director General may allow, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under this section, no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Director General, subject to such conditions as the Director General thinks fit.

The operator of a care centre under subsection (1) shall apply for an approval and a licence under this Act within the period of five years, or such further period as the Director General may allow in accordance with subsection (1).

Pending the decision to grant an approval and a licence to a care centre under subsection (2), the care centre shall continue to be deemed to be licensed under this Act.

Any decision, order, appeal, direction, investigation, trial and proceedings done, taken or commenced under the

Care Centres Act 1993 relating to the care centre under subsection (1)

immediately before the date of coming into operation of this Act shall be continued or concluded under and in accordance with the provisions of the Care Centres Act 1993.

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First Schedule

[Sections 2 and 48]

HEALTHCARE SERVICES