Bermuda Health Council Act 2004

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QU OF NT AT A FE RU

BERMUDA

2004 : 22

WHEREAS it is expedient to provide for the establishment of a Bermuda Health Council to regulate, coordinate and enhance the provision of health services in Bermuda: Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Short title

1 This Act may be cited as the Bermuda Health Council Act 2004.

Interpretation

2 In this Act— “Council” means the Bermuda Health Council established under section 3; “financially-vested referral” means a referral made by a health service provider to itself or—

(a) to another health service provider in which the referring health service provider has a financial interest;

(b) to another health service provider in anticipation of a financial incentive or reward; “health professional” means a person who is registered to practise his or her health profession by the relevant regulatory authority;

“health service provider” means a person, group of persons or organization that operates a business offering health services to the public, but does not include a person who is an employee under a contract of service; “health services” includes hospital, medical, dental and professional services related to health, including residential care; “high risk health technology” has the meaning given in section 16E; “licence” means a licence issued under Regulations made under section 15; “Minister” means the Minister responsible for Health. [Section 2 definition "health services" amended by 2020 : 53 s. 5 effective 4 January 2021; Section 2 definitions "financially-vested referral" and "high risk health technology" inserted by 2024 : 26 s. 2 effective 16 October 2024]

PART II — BERMUDA HEALTH COUNCIL

3. Establishment of the Council

(1) There is hereby established a body to be called “the Bermuda Health Council” which shall perform the functions assigned to it by this Act and by any other statutory provision.

(2) The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The Council may enter into contracts and do all things necessary for the performance of its functions.

4. General purpose of the Council

(1) The general purpose of the Council is to regulate, coordinate and enhance the delivery of health services.

(2) In pursuance of subsection (1) where there is any inconsistency between this Act and any Act dealing with health professionals or health service providers, this Act shall to the extent of the inconsistency prevail over that Act.

5. Functions of the Council

(1) The functions of the Council are—

(a) to ensure the provision of essential health services and to promote and maintain the good health of the residents of Bermuda;

(b) to exercise regulatory responsibilities with respect to health services and to ensure that health services are provided to the highest standards;

(c) to regulate health service providers by monitoring licensing and certification, establishing fees in respect of the standard health benefit, and establishing standards and codes of practice;

(ca) to regulate the importation of high risk health technology into Bermuda; and to further regulate such technology through registration and monitoring;

(d) to regulate health professionals by monitoring licensing, certification, standards and codes of practice;

(da) to perform the administrative functions relating to the registers for, and registration and re-registration of, health professionals that are conferred on the Council by this Act and by any other provision relating to health professionals including the collection of fees, and matters connected thereto;

(e) to licence health insurers;

(f) to identify and publish goals for the health care system, to coordinate and integrate the provision of health services, and make recommendations to the Minister on the prioritisation of initiatives with respect to health services;

(g) to licence health service providers, and to establish, maintain and publish a register of licensed health service providers;

(ga) perform the functions assigned to it under the Residential Care Homes and Nursing Homes Act 1999;

(h) to regulate the price at which drugs are sold to the public;

(i) to establish and promote wellness programmes;

(j) to conduct research, collect, evaluate and disseminate to the public information on the incidence of illness and other relevant information necessary to support objective decision making with respect to public health and the optimal use of resources; and

(k) to advise the Minister on any matter related to health services that may be referred to the Council by the Minister.

(2) For the purposes of subsection (1)(a) and where directed by the Minister under section 7, the Council shall require licensed health service providers, licensed insurers, and approved schemes to provide returns, statistics or other information necessary to support objective decision making with respect to healthcare service delivery, healthcare utilization, health care costs, the payment of fees for health products and services, and to support implementation of universal health coverage.

(3) Where the Council requires returns, statistics or other information pursuant to subsection (2), it shall require such in a form that anonymizes patient names; and the Council may, if it deems necessary, anonymize other identifying information including the names of licensed health services providers, licensed insurers, and approved schemes.

(4) Any person who fails to supply the required returns, statistics or other information pursuant to subsection (2) commits an offence and is liable on summary conviction to a fine of $20,000. [Section 5(e) amended by 2009:10 s.17 effective 1 April 2009; section 5(e) amended by 2009:49 s. 13 effective 15 December 2009; section 5(c) amended by 2017 : 25 s. 2 effective 1 June 2017; Section 5 paragraph (da) inserted by 2020 : 47 s. 132 effective 11 December 2020; Section 5 paragraph (ga) inserted by 2020 : 53 s. 5 effective 4 January 2021; Section 5 amended by 2024 : 16 s. 2 effective 19 September 2024; Section 5 subsection (1)(ca) inserted and subsection (1)(g) amended by 2024 : 26 s. 3 effective 16 October 2024]

6. Composition etc. of the Council

(1) The Council shall consist of the following ex officio members—

(a) the Chief Medical Officer;

(b) the Chief Executive Officer;

(c) the Permanent Secretary of the Ministry responsible for Health;

(d) the Financial Secretary, and not less than nine nor more than eleven other “ordinary members” appointed by the Minister.

(2) Ordinary members of the Council shall hold office for such term as may be specified in their instrument of appointment and on the initial appointment the term of office shall be varied to ensure continuity in the management of the Council.

(3) Ordinary members are eligible for reappointment.

(4) The Minister shall appoint a Chairperson and a Deputy Chairperson from among the ordinary members of the Council who shall hold such office at the Minister’s pleasure.

(5) Subject to this section, the Council may regulate its own procedure.

(6) The Minister may at any time declare the office of an ordinary member of the Council vacant if he is satisfied that the member—

(a) has failed without sufficient cause to attend three consecutive meetings of the Council;

(b) is incapacitated by physical or mental illness; or

(c) has otherwise become unable or unfit to perform his duties as a member.

(7) A person appointed to fill a vacancy left by an ordinary member who did not complete his term of office may be appointed for the unexpired portion of that member’s term and no longer, but an appointment to such a vacancy need not be made where the unexpired portion of the term is less than three months.

(8) Seven members constitute a quorum at any meeting of the Council.

(9) Any question for decision by the Council shall be decided by a majority of the members present and voting and each member shall have one vote, except that the person presiding shall have a second vote if there is a tie.

(10) An act of the Council is not invalid by reason only of a vacancy in the Council’s membership or a defect in a member’s appointment.

(11) The Council may establish committees for such purposes as it sees fit.

(12) Fees shall be paid to members of the Council in accordance with the Government Authorities (Fees) Act 1971. [Section 6 subsection (1)(c) amended by 2020 : 47 s. 132 effective 11 December 2020]

Policy directions

7 The Minister, after consultation with the Council, may give general directions as to the policy to be followed by the Council in the performance of its functions as appear to the Minister to be necessary in the public interest, and the Council shall give effect to any such directions.

8. Employment of staff

(1) Subject to sections 9 and 10, the Council, after consultation with the Minister, may appoint such officers and engage such employees as it considers necessary for the purposes of this Act.

(2) Subject to subsection (1), the terms and conditions of employment of persons appointed or engaged shall be as determined by the Council.

9. Chief Executive Officer

(1) There shall be a Chief Executive Officer of the Council who shall be appointed by the Council with the approval of the Minister and whose services shall not be terminated by the Council except with the like approval.

(2) The remuneration, emoluments, terms and conditions and period of service of the Chief Executive Officer shall be fixed by the Council with the approval of the Minister and shall not be altered except with the like approval.

10. Secondment of public officers

(1) A public officer may be appointed to employment with the Council by way of secondment, subject to such conditions as the Public Service Commission may determine.

(2) A public officer seconded in accordance with subsection (1) to employment with the Council shall, in relation to pension, gratuity or other allowance and rights and obligations of a public officer, be treated as continuing in a public office notwithstanding the secondment.

10A. Budget

(1) The Council shall submit to the Minister and the Minister of Finance for their approval—

(a) no later than three months prior to the commencement of each financial year, income and expenditure estimates in such detail as the Ministers may require relating to the activities of the Council for that financial year of operation of the Council; and

(b) as soon as may be, any subsequent proposal to amend such estimates, and the estimates, together with any amendments, upon being approved by the Ministers, shall be the Council’s budget for the financial year to which it relates.

(2) The Ministers may in any case, on the application of the Council, increase or decrease the period of three months specified in subsection (1)(a). [Section 10A inserted by 2024 : 26 s. 4 effective 16 October 2024]

Funds of the Council

10B The funds of the Council for the performance of its functions shall consist of—

(a) grants from the Government out of moneys appropriated by the Legislature for the purposes of the Council;

(b) any monies accruing to the Council from out of the mutual re-insurance fund; and

(c) any other monies received by the Council, including fees and civil penalties. [Section 10B inserted by 2024 : 26 s. 4 effective 16 October 2024]

11. Accounts of Council

(1) The Council shall cause proper statements of its financial affairs to be maintained and shall prepare in respect of each financial year a statement of its accounts in such form as the Accountant-General may direct.

(2) The statement of accounts referred to in subsection (1) must—

(a) present fairly the financial transactions of the Council during the financial year to which they relate; and

(b) present fairly the financial position of the Council at the end of the financial year.

(3) The Council shall within three months after the end of the Council’s financial year cause to be submitted to the Auditor General the statement of its accounts.

(4) The Council’s financial year is to end on 31st March in each year or on such other day as the Council may, with the approval of the Minister, determine.

12. Annual report

(1) The Council shall, as soon as practicable after the end of each financial year, forward to the Minister—

(a) a report on the operations of the Council during that year; and

(b) a copy of the accounts of the Council for that year certified by the Auditor-General.

(2) The report prepared for the purpose of subsection (1)(a) shall set out any directions given by the Minister to the Council during that year.

(3) The Minister shall cause copies of the report of the Council and the accounts of the Council forwarded to him under subsection (1) to be laid before both Houses of the Legislature.

PART III — REGULATION AND LICENSING OF HEALTH SERVICE PROVIDERS

13. Licensing of health service providers

(1) No person, group of persons or organization shall carry on a business as a health service provider unless licensed to do so under regulations made under section 15.

(2) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $50,000.00 and on conviction on indictment to a fine of $100,000.00. [Section 13 effective 16 October 2024 by BR 107 / 2024 para. 2; Section 13 subsection (2) repealed and replaced by 2024 : 26 s. 5 effective 16 October 2024]

14. Inspection of health service providers

(1) The Minister may designate public officers as inspectors.

(1A) The Council may, from time to time, engage the services of persons as inspectors who have subject-matter expertise.

(2) An inspector may at all reasonable times enter and inspect any premises operated by a health service provider and may require the production of records relating to fees and services provided by that health service provider and any returns filed with the Council by that health service provider.

(3) Any person who obstructs an inspector in carrying out his functions or fails to produce any records or returns reasonably required by an inspector commits an offence and is liable on summary conviction to a fine of $20,000.00 or on conviction on indictment to a fine of $30,000.00. [Section 14 and heading amended by 2024 : 26 s. 6 effective 16 October 2024]

15. Regulations

(1) The Minister, after consultation with the Council, may make regulations—

(a) governing applications for the issue of licenses to health service providers;

(aa) prescribing fees, including application fees; prescribing different fees for different categories of health service providers; and prescribing the criteria by which fees may be reduced or waived;

(b) prescribing, in respect of the standard health benefit, fees for services provided by health service providers;

(ba) governing the establishment of standards of operation for health businesses;

(bb) for establishing, maintaining and publishing the register of licensed health service providers;

(c) governing review of decisions of the Council including a decision to refuse an application, to impose restrictions on a licence, to impose a civil penalty, or to revoke a licence;

(d) prescribing professional and other qualifications required by health service providers;

(e) requiring licensed health service providers to supply such returns, statistics or other information as the Council may, by notice in writing, require, and prescribing the length of time records relating to such returns, statistics or other information must be retained by health service providers;

(f) governing inspections, their management and conduct;

(g) creating offences for any contravention of the regulations;

(ga) imposing civil penalties for failing to comply with a condition attached to a licence or a requirement of the regulations, and the procedure by which civil penalties may be imposed;

(h) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Regulations made under subsection (1) are subject to the affirmative resolution procedure.

(2A) When prescribing the amount of any fee under subsection (1)(aa), the Minister shall take into account the performance of that function by the Council to which the fee relates, and any matters incidental thereto.

(3) Regulations made under this section may provide—

(a) that any part or extract of the regulations shall be displayed in any prescribed manner or place; and

(b) for offences subject to a fine not exceeding $50,000 for breach of the regulations.

(4) The Bermuda Drug Formulary provided for under the Bermuda Health Council (Drug Formulary) Regulations 2021, may be amended in regulations subject to the negative resolution procedure. [Section 15 subsection (1)(b) amended by 2017 : 25 s. 2 effective 1 June 2017; Section 15 subsections

(3) and (4) inserted by 2021 : 15 s. 2 effective 10 September 2021; Section 15 amended by 2024 : 26 s.

7 effective 16 October 2024]

15A. Council notices

(1) The Council may, by notice, publish information relating to its functions and required to be publicised as may be provided in the regulations made under section 15.

(2) The Council may publish a notice as provided for in subsection (1)—

(a) in the Gazette;

(b) on its website, at an address as may be specified in the regulations; or

(c) in such other manner as the Council may determine.

(3) Sections 6, 7 and 8 of the Statutory Instruments Act 1977 shall not apply to a notice published by the Council under this section. [Section 15A inserted by 2021 : 15 s. 2 effective 10 September 2021]

Fees

16 [Repealed by 2024 : 26 s. 8] [Section 16 repealed by 2024 : 26 s. 8 effective 16 October 2024]

PART IIIA — REGULATION AND REGISTRATION OF

HIGH RISK HEALTH TECHNOLOGY

16A. Importation of high risk health technology prohibited

(1) No person, group of persons or organization shall import high risk health technology into Bermuda except under and in accordance with a permit issued by the Council under regulations made under section 16D.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $40,000.00 and on conviction on indictment to a fine of $60,000.00. [Section 16A inserted by 2024 : 26 s. 9 effective 16 October 2024]

16B. Registration of high risk health technology

(1) No person, group of persons or organization shall operate high risk health technology unless the technology is registered by the Council under regulations made under section 16D.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $40,000.00 and on conviction on indictment to a fine of $60,000.00. [Section 16B inserted by 2024 : 26 s. 9 effective 16 October 2024]

16C. Inspection of high risk health technology

(1) The Minister may designate public officers as inspectors.

(2) The Council may, from time to time, engage the services of persons as inspectors who have the required subject-matter expertise.

(3) An inspector may at all reasonable times, enter and inspect any premises where registered high risk health technology is being operated or where the inspector has reason to believe that high risk health technology is being operated, and require the production of any records relating to the technology or any returns filed with the Council in relation to the technology.

(4) Any person who obstructs an inspector in carrying out his functions or fails to produce any records or returns reasonably required by an inspector commits an offence and is liable on summary conviction to a fine of $20,000.00 or on conviction on indictment to a fine of $30,000.00. [Section 16C inserted by 2024 : 26 s. 9 effective 16 October 2024]

16D. Regulations: high risk health technology

(1) The Minister, after consultation with the Council, may make regulations—

(a) governing applications for the importation of high risk health technology;

(b) governing applications for the registration and re-registration of high risk health technology;

(c) prescribing fees, including application fees; prescribing different fees for different categories of high risk health technology; and prescribing criteria by which fees may be reduced or waived;

(d) governing review of decisions of the Council including a decision to refuse an application, to impose conditions on importation or restrictions on registration, to impose a civil penalty, or to suspend or cancel the registration of high risk health technology;

(e) governing the establishment of standards of operation for high risk health technology in consultation with any statutory or professional body, and where there is no statutory or professional body, in accordance with international best practice;

(f) requiring registered owners of high risk health technology to supply such returns, statistics or other information as the Council may require, and prescribing the length of time records relating to such returns, statistics or other information must be retained by the owners;

(g) governing the disposal of high risk health technology and their by- products;

(h) governing inspections of high risk health technology, their maintenance and use;

(i) creating offences for any contravention of the regulations;

(j) governing the procedure for imposing civil penalties;

(k) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) When prescribing the amount of any fee under subsection (1)(c), the Minister shall take into account the performance of that function by the Council to which the fee relates, and any matters incidental thereto.

(3) Regulations made under this section may provide—

(a) that any part or extract of the regulations shall be displayed in any prescribed manner or place; and

(b) for offences subject to a fine not exceeding $50,000.00 for breach of the regulations.

(4) Regulations made under subsection (1) are subject to the affirmative resolution procedure. [Section 16D inserted by 2024 : 26 s. 9 effective 16 October 2024]

Meaning of high risk health technology

16E In this Part— “high risk health technology” means any instrument, apparatus or machine requiring calibration, maintenance, repair, user training and decommissioning, used for the purpose of diagnosis and treatment of disease or rehabilitation which satisfied any of the following criteria—

(a) for therapy to administer energy to a patient, or exchange energy to or from a patient, for example an x-ray machine;

(b) to supply energy that will be absorbed by a patient’s body, for example a linear accelerator;

(c) to administer or remove medicine, body fluids or other substances in a way that is potentially hazardous to the patient, having regard to the substances, the part of the body concerned and the characteristics of the device, for example a dialysis machine;

(d) to be used to image in vivo distribution of radiopharmaceuticals in patients, for example a positron emission tomography (PET) scanner;

(e) a medical device or equipment to emit ionizing radiation and to be used for diagnostic or therapeutic interventional radiology including but not limited to a CT scanner and a magnetic resonance imaging machine, but does not include an implantable, disposable or single use medical device. [Section 16E inserted by 2024 : 26 s. 9 effective 16 October 2024]

PART IV — MISCELLANEOUS

16F. Civil Penalties

(1) A health service provider is liable to a civil penalty, as the Council considers appropriate, for failing to comply with a condition of its licence or a requirement imposed in regulations made under section 15.

(2) The registered owner of high risk health technology is liable to a civil penalty, as the Council considers appropriate, for failing to comply with a condition of registration or a requirement imposed in regulations made under section 16D.

(3) In this section, “appropriate” means a civil penalty that is effective, proportionate, and dissuasive, but does not exceed—

(a) $10,000.00 for the purposes of subsection (1);

(b) $15,000.00 for the purposes of subsection (2).

(4) The Council shall not impose a civil penalty where it is satisfied that the health service provider or registered owner of high risk health technology took all reasonable steps and exercised all due diligence to ensure that the condition or requirement would be complied with.

(5) The Council shall publish on its website a statement of principles in which it proposes to exercise its powers to impose a civil penalty; and the Council shall in the same manner publish material changes to the principles.

(6) A civil penalty may be recovered by the Council as a civil debt. [Section 16F inserted by 2024 : 26 s. 10 effective 16 October 2024]

Immunity

17 No proceedings shall lie against the Council, any member of the Council or any person acting on the direction of the Council for anything done in good faith in the exercise of their functions under this Act.

18. Confidentiality

(1) Except in so far as may be necessary for the due performance of a person’s functions under this Act or any other statute and subject to subsections (3), (4) and (5), any person who is a member of the Council or who is acting as an officer, a servant, an agent or an adviser of the Council shall preserve and aid in preserving confidentiality

with regard to all matters relating to the affairs of the Council or of any person, that may come to his knowledge in the course of his duties.

(2) Any member, officer or servant of the Council who—

(a) communicates any matter relating to the affairs of the Council or of any person, that may come to his knowledge in the course of his duties to any person other than—

(i) the Minister;

(ii) a member of the Council; or

(iii) an officer of the Council authorized in that behalf by the Chief Executive Officer; or

(b) permits any unauthorized person to have access to any books, papers or other records relating to the Council, commits an offence and is liable on summary conviction to a fine of $10,000.00 or on conviction on indictment to a fine of $25,000.00.

(3) Subsection (1) does not preclude the disclosure of information—

(a) for the purpose of enabling or assisting the Minister to exercise any functions conferred on him by this Act or Regulations made under this Act or in connection with the dealings between the Minister and the Council when the Council is exercising its functions under this Act or any regulations made under this Act;

(b) if the information is or has been available to the public from other sources.

(4) No officer, servant, agent or adviser of the Council shall be required to produce in any court any book or document or to divulge or communicate to any court any matter or thing coming under his notice in the performance of his duties under this Act, except on the direction of the court or in so far as may be necessary for the purpose of carrying into effect this Act or any other statutory provision.

(5) For the avoidance of doubt, this section does not apply to the publication of a statement by the Council pursuant to section 25(4A) of the Health Insurance Act 1970. [Section 18 subsection (5) inserted by 2015 : 23 s. 3 effective 12 June 2015; Section 18 subsection (2) amended by 2024 : 26 s. 11 effective 16 October 2024]

Consequential amendments

19 The amendments set out in the Schedule shall have effect.

Commencement

20 This Act comes into operation on such day as the Minister may appoint by notice published in the Gazette and different days may be appointed for different provisions of this Act.

SCHEDULE

(section 19)

1. CONSEQUENTIAL AMENDMENTS

(1) The Hospital Insurance Act 1970 (“the Act”) is retitled as “the Health Insurance Act 1970".

(2) Section 1 of the Act is amended—

(a) in subsection (1)—

(i) by deleting the definition of “the Commission” and substituting the following— ““the Council” means the Bermuda Health Council established under section 3 of the Bermuda Health Council Act 2004",

(ii) by deleting the definition of “the Fund” and substituting the following— ““the Fund” means the Health Insurance Fund established under section 12",

(iii) in the definition of “hospital insurance” by deleting “hospital insurance” and substituting “health insurance” in both the definition and the text of the definition,

(iv) in the definition of “indigent person” by deleting “of Health and Social Services” and substituting “responsible for Health”,

(v) by deleting the definition of “Minister” and substituting the following— ““the Minister” means the Minister responsible for Health”,

(vi) in the definition of “school leaving age” by deleting "26 of the Education Act 1954" and substituting "40 of the Education Act 1996";

(b) in subsection (3), by deleting paragraph (d).

(3) Sections 6 to 11 of the Act are repealed and the heading to Part II is deleted and “BERMUDA HEALTH COUNCIL” substituted.

(4) Section 40(1) of the Act is amended—

(a) by inserting after “may” where it first occurs “, acting on the recommendations of the Council,”;

(b) in paragraph (l) by deleting “$250" and substituting “$2,000.00".

(5) The Act is amended generally by deleting “Commission”, “Hospital Insurance Fund” and “hospital insurance” wherever they appear and substituting “Council”, “Health Insurance Fund” and “health insurance” respectively.

2. Amendment of statutory instruments

Hospital Insurance (Licensing of Insurers) Regulations 1971

Hospital Insurance (Approval Scheme) Regulations 1971

Hospital Insurance (Certificate of Entitlement) Regulations 1971

Hospital Insurance (Audit of Accounts) Regulations 1971

Hospital Insurance (Portability) Regulations 1971

Hospital Insurance (Standard Premium) Regulations 2003

Hospital Insurance (Health Insurance Plan) Regulations 1987

Hospital Insurance (Health Insurance Plan) (Premium) Order 1987

Hospital Insurance (Health Insurance Plan) (Additional Benefits) Order 1988

Hospital Insurance (Standard Hospital Benefit) Regulations 1971

Hospital Insurance (Deductions) Regulations 1971

Hospital Insurance (Cover) Regulations 1971

Hospital Insurance (Procedure for Subsidy Payments) Regulations 1971

Hospital Insurance (Health Insurance Plan) (Enrolment) Rules 1981

Hospital Insurance (Inspection of Records) Regulations 1971

Hospital Insurance (Maternity Benefit) Regulations 1971

Hospital Insurance (Artificial Limbs and Appliances) Regulations 1971

Hospital Insurance (Exemption) Regulations 1971

Hospital Insurance (Statistical Reports) Regulations 1986

Hospital Insurance (Double Cover) Regulations 1971

Hospital Insurance (Portability of Subsidy) Regulations 1973

Hospital Insurance (Mental Illness, Alcohol and Drug Abuse) Regulations 1973

Hospital Insurance (Mutual Reinsurance Fund) (Prescribed Sum) Order 1999

are amended—

(a) in the title and generally throughout the text by deleting “hospital insurance” and substituting “health insurance”;

(b) generally by deleting “Commission”, “Hospital Insurance Fund” and “hospital insurance” wherever they appear and substituting “Council”, “Health Insurance Fund” and “health insurance” respectively.

[Assent Date: 20 July 2004]

[Operative Date: 1 January 2006]

[Amended by:

2009 : 10

2009 : 49

2015 : 23

2017 : 25

2020 : 47

2020 : 53

2021 : 15

2024 : 16

2024 : 26]

Case Name Citation Date Court
Bermuda Health Council v DR. JAY JAY SOARES First Respondent THE HAMILTON MEDICAL CENTER LTD. Second Respondent [2025] CA (Bda) 12 Civ 2025-05-08 Court of Appeal
DR. JAY JAY SOARES First Applicant THE HAMILTON MEDICAL CENTER LTD. Second Applicant v Bermuda Health Council [2021] SC (Bda) 11 Civ (17 February 2021) 2021-02-17 Supreme Court
Tawanna Wedderburn v The Bermuda Health Council Dr. Alicia Stovell-Washington Minister Of Health Premier Of Bermuda [2019] SC (Bda) 67 Civ (9 October 2019) 2019-10-09 Supreme Court
BRANDON J THOMPSON Appellant v Harold J Darrell [2016] SC (Bda) 73 App (15 July 2016) 2016-07-15 Supreme Court