PART 3 | Division 1 — Establishment of ElderCare Fund |
| Establishment of ElderCare Fund |
18.—(1) A fund called the ElderCare Fund is established, into which must be paid —| (a) | all capital moneys as are appropriated from time to time from the Consolidated Fund and authorised to be paid into the ElderCare Fund by this Act or any other written law; | | (b) | gifts or bequests given or made for the purpose of the ElderCare Fund; and | | (c) | the net income from investments of capital moneys in the ElderCare Fund. |
| (2) The ElderCare Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law. |
|
| Administration of ElderCare Fund |
| 19. The Minister is responsible for the administration of the ElderCare Fund and all moneys belonging to that Fund may be deposited in any bank and invested in any investment authorised under the Financial Procedure Act 1966. |
| Capital moneys of ElderCare Fund |
20.—(1) As from 27 March 2000, a sum that the Minister for Finance may determine out of moneys to be provided by Parliament must be paid into the ElderCare Fund as capital moneys.| (2) The Minister for Finance may, from time to time, after 27 March 2000 pay into the ElderCare Fund such sums of capital money as the Minister may determine out of moneys to be provided by Parliament. |
| (3) Despite the terms of any gift or bequest, all gifts and bequests given or made for the purposes of the ElderCare Fund must be paid into the Fund as capital moneys. |
| (4) The capital moneys of the ElderCare Fund must not be used for any purpose other than for investment. |
| (5) Where at any time there is a permanent diminution of the capital moneys of the ElderCare Fund, the Minister must, before paying out the income of the ElderCare Fund, make good such diminution from that income. |
|
| Application of income of ElderCare Fund |
21. The income of the ElderCare Fund may be paid out and expended for all or any of the following purposes only:| (a) | for the provision of subventions to any approved providers of step-down care for the purpose of defraying in whole or in part the recurrent costs in providing step‑down care; | | (b) | for purposes authorised under this Act to be paid out from the Fund; | | (c) | for any other purposes relating to step-down care that may be prescribed. |
|
| Division 2 — Approved providers |
| Subvention only for approved providers |
22. Payments of subvention cannot be made under this Part to any person providing step‑down care unless the person is an approved provider in respect of —| (a) | all types of step-down care provided or proposed to be provided by the person; | | (b) | one or more specific types of step‑down care provided or proposed to be provided by the person; | | (c) | all types of step-down care provided or proposed to be provided by the person at specific premises; or | | (d) | one or more specific types of step‑down care provided or proposed to be provided by the person at specific premises. |
|
| Application to be approved provider |
23.—(1) Any organisation which is a provider of any step-down care may make an application in the prescribed manner for approval to be an approved provider in respect of —| (a) | all types of step-down care provided or proposed to be provided by the applicant; | | (b) | one or more specific types of step‑down care provided or proposed to be provided by the applicant; | | (c) | all types of step-down care provided or proposed to be provided by the applicant at specific premises; or | | (d) | one or more specific types of step‑down care provided or proposed to be provided by the applicant at specific premises. |
(2) Where an application is made under subsection (1), the Minister may request the applicant —| (a) | to permit an authorised officer to inspect the premises to which the application relates at any reasonable time; or | | (b) | to furnish specified particulars about the operations of the applicant at those premises or the step‑down care provided or proposed to be provided or both. |
|
| (3) The Minister may defer consideration of the application until the premises have been so inspected or the particulars have been furnished, as the case requires. |
| (4) In determining whether or not to approve any applicant as an approved provider, whether in respect of all types of step‑down care or specific types of step‑down care and whether in respect of the provision of such step‑down care at specific premises, the Minister must have regard to all matters the Minister considers relevant. |
(5) The Minister may —| (a) | approve, with or without conditions, the applicant to be an approved provider in respect of —| (i) | all types of step-down care provided or proposed to be provided by the applicant; | | (ii) | one or more specific types of step‑down care provided or proposed to be provided by the applicant; | | (iii) | all types of step-down care provided or proposed to be provided by the applicant at specific premises; or | | (iv) | one or more specific types of step‑down care provided or proposed to be provided by the applicant at specific premises; or |
| | (b) | refuse to give the approval. |
|
| (6) The approval of any person under this section as an approved provider of step-down care is in force for such period as the Minister may specify. |
| (7) Where the Minister approves any organisation providing step‑down care to be an approved provider, the Minister must, by notification in the Gazette, declare the organisation to be an approved provider in respect of all types or specific types of step‑down care or in respect of the provision of such step‑down care at specific premises, as the case may be. |
|
24. An approval of an organisation providing step-down care as an approved provider ceases to have effect if —| (a) | the approval is revoked under section 25; or | | (b) | the period (if any) to which the approval is limited under section 23(6) expires. |
|
| Revocation and suspension of approval |
25.—(1) The Minister may revoke, or suspend for a period not exceeding 6 months, any approval of an organisation providing step‑down care as an approved provider if —| (a) | in the opinion of the Minister, the organisation has ceased to be suitable to be an approved provider; | | (b) | the application for approval contained information that was false or misleading in a material particular; | | (c) | the premises at which approved services are provided are licensed under the Private Hospitals and Medical Clinics Act 1980, and the licence under that Act is either revoked or suspended, or the licence ceases to be in force and is not renewed; | | (ca) | where the organisation is the holder of a licence granted under the Healthcare Services Act 2020, the licence is revoked or suspended or otherwise ceases to be in force; [Act 3 of 2020 wef 03/01/2022] | | (cb) | where the premises at which approved services are provided are licensed premises within the meaning given by section 2(1) of the Healthcare Services Act 2020, the organisation’s licence under that Act in relation to those premises is revoked or suspended or otherwise ceases to be in force; [Act 3 of 2020 wef 03/01/2022] | | (d) | the organisation is convicted of an offence under section 31(3) or (5); | | (e) | the organisation fails to comply with any terms or conditions of the approval; or | | (f) | the organisation fails to comply with any conditions of any subvention paid in respect of any of its approved services, and the Minister is of the opinion that the organisation is again likely to so fail to comply. |
(2) Before revoking or suspending any approval under this section, the Minister must notify the organisation concerned that revocation or suspension (as the case may be) is being considered, and must —| (a) | give the reasons for considering the revocation or suspension; | | (b) | invite the organisation to make written submissions to the Minister within 7 days after receiving the notice, or any further period that the Minister may allow; and | | (c) | inform the organisation that if no such submission is made within that period, any revocation or suspension (as the case may be) will take effect on the day after the last day for making submissions. |
|
| (3) The Minister must notify the organisation concerned in writing of the Minister’s decision within 7 days after the end of the period allowed by subsection (2) for making submissions. |
(4) A revocation or suspension of any approval takes effect —| (a) | if no submission was made under subsection (2) — on the day after the last day for making submissions; or | | (b) | if such submission was made — 7 days after the day on which the notice under subsection (3) was given. |
|
| (5) The Minister may revoke an approval (subject to such conditions as the Minister may think fit) if the approved provider requests the Minister in the prescribed manner to revoke the approval. |
| (6) Where any suspension of approval made under this section is in force, the organisation concerned is not for the purposes of this Part regarded as an approved provider, but on expiry of the suspension, the organisation immediately reverts to being an approved provider. |
|
26.—(1) The Minister may grant a subvention to an approved provider of such amount as the Minister may determine.| (2) The Minister may determine different amounts of subvention for different classes of patients of approved providers, different classes of step‑down care or different classes of approved providers. |
(3) In determining the amount of subvention under subsection (1) to be granted to an approved provider, the Minister must have regard to all matters the Minister considers relevant, including but not limited to —| (a) | the recurrent costs of approved providers in providing step‑down care of the same class; and | | (b) | the number of relevant patients to whom step‑down care is provided by the approved provider during any period determined by the Minister. |
|
| (4) In this section, “relevant patient” means a person who, in the opinion of the Minister, requires step‑down care and is assessed by the Minister to be financially disadvantaged. |
| (5) Any opinion or assessment of the Minister under subsection (4) that a person requires step‑down care or is financially disadvantaged is final and conclusive and must not be reviewed in any court of law. |
|
| Conditions of subventions |
27.—(1) A subvention may be paid to an approved provider on any condition that the Minister may determine, including but not limited to conditions for repayment of subventions and admission of persons to any step‑down care institution under the control and management of the approved provider.| (2) The Minister may, at any time after giving reasonable notice to an approved provider, vary or cancel any of the conditions imposed under subsection (1) or impose new conditions in respect of any subvention paid or payable to the approved provider. |
|
28.—(1) A subvention is payable to an approved provider quarterly or at such other payment period as the Minister may allow.| (2) Subject to the provisions of this Act, a subvention may be paid to an approved provider in advance in respect of any payment period mentioned in subsection (1) at such times and on such terms as the Minister may think fit. |
|
| Consequences for non-compliance |
29.—(1) The Minister may, by written notice, impose one or more of the following sanctions on an approved provider that has not complied, or is not complying, with section 31(1) or with any condition of any subvention paid to the approved provider under section 27:| (a) | revoke or suspend the approval of the organisation as an approved provider; | | (b) | restrict the approval as an approved provider in respect of a certain type or types of step‑down care or in respect of a type of step‑down care provided by the approved provider at specific premises; | | (c) | reduce the total amount of subvention payable to the approved provider in any subsequent payment period; | | (d) | require repayment of part or all of the subvention paid to the approved provider. |
(2) Before imposing any sanction mentioned in subsection (1) on an approved provider, the Minister must notify the approved provider that the imposition of sanction is being considered, and must —| (a) | give to the approved provider a notice of non‑compliance setting out the details of non‑compliance; | | (b) | set out the sanctions that can be imposed in this section on the approved provider for non‑compliance; | | (c) | invite the approved provider to make written submissions to the Minister within 7 days after receiving the notice, or such further period as the Minister may allow; and | | (d) | inform the approved provider that if no such submission is made within that period, any sanction the Minister decides to impose will take effect on the day after the last day for making submissions. |
|
| (3) The Minister must notify the approved provider in writing of the Minister’s decision within 7 days after the end of the period allowed by subsection (2) for making submissions. |
(4) Any sanction imposed takes effect —| (a) | if no submission was made under subsection (2) — on the day after the last day for making submissions; or | | (b) | if such submission was made — 7 days after the day on which the notice under subsection (3) was given. |
|
| (5) This section does not affect the operation of section 25. |
|
| Recovery of overpayments of subventions |
30.—(1) If the Minister pays an amount to an approved provider by way of subvention, any part of the amount that is an overpayment is recoverable as a debt due to the Government and may be recovered by the Government in a court of competent jurisdiction.| (2) If the Minister pays an amount to an approved provider by way of subvention and a condition to which the subvention is subject is not met, the amount of subvention as the Minister determines under section 29(1)(d) is recoverable as a debt due to the Government and may be recovered by the Government in a court of competent jurisdiction. |
| (3) If an approved provider is liable to repay any amount under subsection (1) or (2), the amount (or part of it) may be deducted from one or more other subventions payable to the approved provider under this Part. |
|
| Duties of approved providers |
31.—(1) Every approved provider must —| (a) | keep records (whether in written or electronic form) that enable —| (i) | claims for payments of subvention to be properly verified; and | | (ii) | proper assessments to be made whether the approved provider has complied, or is complying, with the conditions of any subvention paid to it and with its duties under this Act; |
| | (b) | in relation to each of those records, retain the record for a period ending 3 years (or such other period as an authorised officer may allow) after the close of the financial year in which the record was made; and | | (c) | comply with any other duties that may be prescribed. |
| (2) Every approved provider must, as soon as practicable after the close of each financial year, cause to be prepared and submitted audited annual financial statements in respect of that year to the Minister or an authorised officer designated by the Minister. |
| (3) An approved provider who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
| (4) An approved provider must not, in purported compliance with this section, make a record that is false or misleading in a material particular. |
| (5) An approved provider who contravenes or fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. |
|
32.—(1) An authorised officer may, to the extent reasonably necessary for any of the purposes specified in subsection (2), do all or any of the following:| (a) | enter during the day any step-down care institution under the control and management of an approved provider with the consent of the approved provider; | | (b) | take photographs of the premises of the step-down care institution; | | (c) | request the approved provider or any other person on the premises to answer any question, or to produce any document or record requested by the authorised officer; | | (d) | inspect any document or record kept by the approved provider connected with the provision of step-down care, whether or not kept or maintained on those premises; | | (e) | take extracts from, or make copies of, any such document or record; | | (f) | in relation to any such document or record —| (i) | operate equipment on the premises where the document or record is kept or maintained to see whether the equipment, or a disk, tape or other storage device that is on those premises and can be used or associated with the equipment, contains information that is relevant, in respect of the approved provider, to making the assessments referred to in subsection (2); and | | (ii) | if the authorised officer, after operating equipment at those premises finds that the equipment, or disk, tape or other storage device at the premises, contains information of that kind, to —| (A) | operate facilities on the premises to put the information in documentary form and copy the document or record so produced; or | | (B) | if the information can be transferred to a disk, tape or other storage device that is brought to the premises by the authorised officer, operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the premises. |
|
|
(2) An authorised officer may act as provided for under subsection (1) for all or any of the following purposes:| (a) | to assess whether records have been kept as required by this Part; | | (b) | to assess whether the provisions of this Act relating to, or the conditions of the subvention in respect of, the approved provider concerned have been complied with. |
|
|
|
