Doctor applauds prison amendment but wants more consultation
A government decision to withdraw the threat of imprisonment on health workers who failed to hand over information on patients to officials has been applauded by a leading doctor.
The Bermuda Health Council Amendment Act 2024 had stipulated that health workers who failed to provide statutorily required information — required to reduce healthcare costs — could be jailed, fined, or both.
The Bill was passed in the House of Assembly in May, but the Government was forced to backtrack after a backlash from the medical community and objections from the Opposition.
The Act has since been amended in order to remove the prison threat, although non-compliance can still result in a fine.
On Friday, Kyjuan Brown, medical director of Northshore Medical and Aesthetics Centre, said the amendment was “a step in the right direction” — but added that the Act was still flawed.
Dr Brown said: “As a healthcare professional, I had significant concerns about the initial version of the Act, primarily due to its broad and potentially intrusive data collection mandates.
“While I understand the need for data to improve healthcare outcomes and ensure equitable access to services, it is crucial that this data collection is handled with the utmost care and respect for patient privacy.
“The removal of the prison threat is a step in the right direction, acknowledging the backlash from the healthcare community.
“However, the Act still presents several issues that need to be addressed. The broad scope of data collection and the potential for arbitrary data sweeps remain problematic.
“Smaller healthcare providers in particular are worried about the administrative burden and the costs associated with compliance.
The One Bermuda Alliance has defended its decision to vote against the Bermuda Health Council Amendment Act 2024 for a second time — even after the Government had agreed to remove the controversial “prison threat” clause.
Although the Act was passed in the House of Assembly last month, five OBA MPs voted against it, with OBA health spokesman Scott Pearman arguing that it was wrong to jail citizens for infractions that were not criminal.
After further complaints from healthcare professionals, Kim Wilson, the Minister of Health, agreed to remove the prison penalty clause from the Bill.
But when the amended Bill went before the Senate last Wednesday, the Opposition team in the Upper House rejected it again — and were backed by two independent senators.
It was sent back to the House of Assembly and was passed by MPs on Friday.
Explaining the OBA’s position, Robin Tucker, the Opposition Leader in the Senate, said: “The One Bermuda Alliance was fully supportive of the amendment as, during the debate in the House of Assembly on May 3, the OBA proposed the removal of the term of imprisonment.
“Had the issue of a penalty of imprisonment been the only concern with the Bill, and given the Government’s amendment in the Senate, we would have been fully supportive of the Bill as the OBA recognises that data collection for the purpose of advancing healthcare reform is necessary.
“Healthcare reform is complex. All relevant stakeholders should play an active role in the transformative process but disappointedly many key stakeholders were not appropriately consulted and consequently the Bill remains a bad Bill, despite the new amendment.
“Numerous professional members of the health community reached out to not only the OBA, but the Independent and government senators some time ago raising multiple concerns with this legislation, not just the threat of imprisonment.
“These issues include patient privacy, the open-ended and unrestricted nature of the data collection, and the administrative burden on medical professionals.
“While the Government made one amendment to the Health Council Amendment Act 2024, they have done so without genuine consultation with and buy-in from a valuable segment of the health community whose support will be key to assuring the success and development of the framework needed to execute and deliver health reform for Bermuda’s people.”
Dr Brown added that concerns over patient privacy remained.
He said: “The current provisions do not adequately ensure that collected data will be protected against misuse.
“The Act mandates only the anonymisation of patient names, leaving addresses, race, sex, and dates of birth available for the health council to obtain legally from providers.
“Additionally, there are significant concerns about the collection of commercially sensitive data. This includes information that could potentially disadvantage smaller healthcare providers in a competitive market.
“Protecting this data is vital to maintaining a fair and equitable healthcare system.
“Furthermore, the issue of patient privacy cannot be overstated. Independent senator Kiernan Bell, who is also a lawyer, has confirmed these concerns, which aligns with the independent opinion we received from our own legal advisers.”
Dr Brown said that further consultation with stakeholders was needed, adding: “The process thus far has not adequately addressed the concerns of those who will be directly impacted by this legislation.
“I hope the minister will take the opportunity to meet with the health community and work together to craft a Bill that gains broader support.
“This collaborative approach is essential to bridging the current divide and ensuring that the legislation effectively balances the need for data collection with the protection of patient privacy and the practical concerns of healthcare providers.”
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