How will MOH decide when to bring a criminal charge or regulatory action?
The Healthcare Services Act 2020 (HCSA) FAQs, Enforcement & Penalties
MOH will look into all relevant facts of a case and the applicable provision(s) to determine the most appropriate course of action to take against an errant licensee.
MOH will also consider the governance structure of the licensee and investigate the lines of accountability to key personnel such as the licensee, governing body, the Principal Officer and the Clinical Governance Officer, where relevant.
Related questions
Does the HCSA allow MOH to take action against all key appointment holders in the event of a serious lapse of governance controls e.g., a Hepatitis C outbreak? Under the HCSA, what will be the added governance for action against personnel responsible to prevent the recurrence of serious incidents?
How will MOH know when these service providers are not complying with new regulatory standards?
Who will be held accountable if the licensee is an entity?
The majority of the offences in the HCSA are offences of strict liability. Does this mean that licensees would automatically be guilty of an offence, even though the breach or non-compliance with the law could be completely unintentional or merely technical?
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