Obstructing authorised officers in execution of their duties
40.—(1) Any person who obstructs, hinders or impedes any authorised officer in the performance or execution of the officer’s duty or anything which the officer is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Any person who, without reasonable excuse, fails to answer any question, to provide any information or to produce any document or record to an authorised officer in contravention of section 32(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
False or misleading information
41. Any person who knowingly or recklessly —(a)
makes a statement that is false or misleading in a material particular in respect of any application for approval as an approved provider; or
(b)
gives to the Minister or any authorised officer exercising a power or performing a duty or function under this Act any information, or any document or record that contains information, that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Protection against personal liability
42. No suit or other legal proceedings shall lie against any member of any Medifund committee or any person acting under the directions or authorisation of the Medifund committee for anything which is in good faith done or intended to be done by him or her in the execution or purported execution of this Act.
Confidentiality of information
43.—(1) Except in the case of prosecution of an offence under this Act, an authorised officer is not compellable in any proceedings to give evidence in respect of, or to produce any document containing, any information which has been obtained from any approved provider or approved institution in the course of carrying out any inspection, assessment or performing any duty or function under this Act.
(2) Despite subsection (1), an authorised officer must not disclose any information which is contained in the medical records, or which relates to the condition, treatment or diagnosis, of any person, as may have come to the officer’s knowledge in the course of carrying out any inspection or assessment or performing any duty or function under this Act unless the disclosure is made —(a)
under or for the purpose of administering and enforcing this Act or the Infectious Diseases Act 1976;
(b)
for the purpose of any disciplinary proceedings under the Medical Registration Act 1997; or
(c)
for any other purpose with the consent of the person to whom the information relates or the representative of that person.
(3) In subsection (2)(c), “representative” means —(a)
the executor, administrator or next‑of‑kin of a deceased person; or
(b)
in relation to a person who lacks capacity within the meaning of the Mental Capacity Act 2008 —(i)
a donee of a lasting power of attorney which is granted by that person under that Act, and under which that person confers on the donee authority to consent on that person’s behalf to such disclosure; or
(ii)
a deputy who is appointed or deemed to be appointed for that person by the court under that Act, and who is conferred power to consent on that person’s behalf to such disclosure.[16/2016]
Service of documents
44. Any notice, order or other document that is required by this Act to be served or given to any approved provider, Medifund committee or any other organisation may be served on or given to that approved provider, committee or organisation by delivering or sending it by registered post —(a)
to the registered or principal office of the approved provider, committee or organisation; or
(b)
if the approved provider, committee or organisation has no such office, to any place in Singapore where it carries on business or conducts its activities, as the case may be.
Offences by bodies corporate, etc.
45.—(1) Where any offence under this Act is committed by a body corporate, a partnership or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer, or was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that —(a)
the offence was committed without his or her consent or connivance; and
(b)
the person had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.
(2) In relation to a body corporate whose affairs are managed by its members, “director” means a member of the body corporate.
Regulations
46. The Minister may make any regulations that are necessary or expedient for the purpose of carrying out the provisions of this Act and, in particular, the regulations may —(a)
prescribe the procedure for payments out of the Medifund Account and the criteria for approval of applications by eligible patients;
(b)
prescribe the procedure for the repayment of grants or subventions to the Medifund or ElderCare Fund, as the case may be;
(c)
prescribe the membership, terms of office and procedure of Medifund committees;
(d)
provide for the disposal of amounts which are unpaid or otherwise remain in any Medifund Account;
(e)
prescribe the proceedings of the Council; and
(f)
prescribe anything which may be prescribed under this Act.
Transitional and saving provisions
47.—(1) Any approval, decision, notice or other document prepared, made, granted, issued, and any act or thing done or given, under or pursuant to the repealed Medical Endowment Scheme Act (Cap. 173A, 1994 Revised Edition) (called in this section the repealed Act) and valid immediately before 27 March 2000 are deemed to have been prepared, made, granted, issued, done or given under or pursuant to the corresponding provision of this Act and continue to have effect accordingly.
(2) All directives or guidelines made by the Minister under section 9 of the repealed Act are deemed to have been made under section 7 of this Act.
(3) Every Hospital Medifund committee appointed under section 12 of the repealed Act is deemed to be appointed as a Medifund committee by the Minister in accordance with section 14 of this Act.
(4) Every Hospital Medifund Account established under section 11 of the repealed Act is deemed to be a Medifund Account established under section 10 of this Act.
(5) A person who, immediately before 27 March 2000, is a member of the Advisory Council under the repealed Act, continues as such member as if the person had been appointed under section 6 of this Act.
(6) Any reference in any document to the repealed Act is construed as a reference to this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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