Partly owing to the contretemps over the Gambling Prevention (Amendment) Bill which seeks to legalize casinos, the Health Facilities Licensing Bill perhaps did not receive quite the same degree of publicity last week which it otherwise might have done. It had been tabled in Parliament on December 21 last year, but given the timing just before Christmas, no one paid too much attention. By the time the bill was scheduled to have its second reading on Thursday, however, some health professionals had in fact given voice to their concerns, and as a consequence it was referred to select committee.
The new act, should it eventually pass, is intended to replace two items of legislation, the more important of which for the present purposes is the Private Hospital Act of 1972. Under the provisions of the bill, all health facilities – which understandably are given a wide definition – must have a licence from the Minister. Such a licence, according to section 7(2), may be subject to the limitations and conditions he considers necessary, including the payment of fees prescribed. Not only would the Minister have the power to issue a licence, but he could also refuse to renew or revoke one if he felt that a given facility was being or would be operated in a manner prejudicial to anyone’s health, safety or welfare. In circumstances of the revocation, suspension or refusal to renew a licence, the licensee is entitled to a hearing by a judge provided he delivers to the Minister and the Attorney General within 15 days of being served with the notice, notification in writing requiring a hearing.
After the death of a licensee or where a licence has been surrendered or revoked, the Minister has the power to take control of a health facility and appoint one or more persons to operate it for a period not exceeding one year. During that time the former licensee or his/her estate would not be entitled to payment for any service provided by the facility, although he/she would be entitled to “reasonable compensation for the use of the property
