Singapore legislation
Section 56A
Section 56A
Transfer of liabilities under Scheme
(1)
The Minister may make regulations to transfer any part of the Board’s liabilities under the Scheme (including the insurance covers issued under the Scheme that give rise to such liabilities) to one or more appointed insurers.
(2)
Without limiting subsection (1), regulations made under that subsection may —
prescribe the cases in which or the circumstances under which the Board continues to be liable to make payments to insured persons whose insurance covers under the Scheme have been transferred to an appointed insurer;
provide for such consequential, saving and transitional provisions as are necessary to facilitate the transfer of the Board’s liabilities under the Scheme;
prescribe the necessary modifications to be made to any other provision of this Act in order to bring such provision into conformity with the transfer of the Board’s liabilities under the Scheme; and
provide for such other matters as the Minister thinks necessary or expedient for the transfer of the Board’s liabilities under the Scheme.
(3)
The Board may require any appointed insurer to transfer to another appointed insurer, in such manner and on such terms and conditions as the Board thinks fit, those liabilities of the Board under the Scheme that have been transferred to the firstmentioned appointed insurer under this section.
(4)
The transfer of any liability under the Scheme —
by the Board to an appointed insurer under subsection (1); or
by one appointed insurer to another appointed insurer pursuant to the requirement of the Board under subsection (3),may be made, and is valid and effectual, despite anything to the contrary in any written law or rule of law or the absence of any agreement or consent which would otherwise be necessary.
(5)
If any question arises as to whether any particular liability of the Board under the Scheme has been transferred to an appointed insurer under this section, a certificate under the hand of the Minister is conclusive evidence that the liability was or was not so transferred.
(6)
An appointed insurer to whom any part of the Board’s liabilities under the Scheme have been transferred under this section must provide insurance cover to every transferred insured person in accordance with such requirements as may be specified by the Board, including requirements relating to —
the minimum benefits and rights that the appointed insurer must confer upon the person; and
the terms and conditions subject to which the appointed insurer may issue insurance cover to the person.
(7)
Upon the transfer of the Board’s liabilities under the Scheme to an appointed insurer under subsection (1), the Board may —
subject to such terms or conditions as it thinks fit to impose, pay to the appointed insurer such part of the moneys in the MediShield Fund as the Board thinks necessary to enable the appointed insurer to meet the liabilities so transferred to it; and
retain such part of the moneys in the MediShield Fund as it thinks necessary for meeting any of its own liabilities under the Scheme that may have arisen prior to the transfer.
(8)
The Board may, by arrangement with an insurer, take over such of the undertakings of the insurer which, in the opinion of the Board, are suitable and expedient for the purposes of the Scheme.
(9)
Where, in connection with the Board’s taking over of the undertakings of an insurer under subsection (8), the insurer transfers any sum to the Board, the Board must pay the sum so transferred to it by the insurer into the MediShield Fund.