Ex-judge: Hold the Healthcare Act

Star: KUALA LUMPUR: Defer the implementation of the newly-passed Private Healthcare Facilities and Services Act 1998 and Regulations (2006), a former Appeal Court Judge urged the Government.
Datuk Mahadev Shankar said the Government should defer it because many grey areas were found in the Act.
“The grey areas in the Act need to be fine-tuned with the doctors (in the private sector),” the retired Judge said, adding that the Act was passed without consultation with the medical profession.
“In the past, it was standard practice for all Bills to be made available to the Bar Council and other professional organisations for input to ensure they were properly drafted, however, the practice has stopped.”
“Even Bills that were not sensitive were subjected to the Official Secrets Act and were kept out of sight from MPs, except for the inner circle of the Cabinet, until its first reading. When the Government plays its cards so close to its chest, how can the public voice their views before the Bill is presented?”
He said the safety, standards and accountability issues covered under the Act were very positive but too much power had been vested in the Health director-general’s (DG) hand.
“The DG is empowered to refuse approval for premises and its operators without giving any reason,” he noted during the recent Examining Intro-Hospital Conflicts conference organised by the Association of Private Hospitals Malaysia.
“And even if the report of an official inspection of the premises, procedures, equipment and administrative records is submitted, he could still refuse to issue a licence without giving any reason.”
The Act also gives power to the DG to suspend, revoke, or refuse to renew licences and registration certificates on various grounds, for instance, operating the private health facility in a manner detrimental to the interest of the public as the DG may decide.
“The yardstick or criteria applied is not mentioned,” he said, adding that this ran contrary to the Public Authorities Protection Act, which entitles the public to sue Government officials for wrongs committed against them.
“Sweeping powers are given to Inspectors. If he thinks the premises are unlicensed or unregistered, he does not need a search warrant. However, it is not clear if a magistrate’s search warrant is required if premises are licensed and/or registered.”