Singapore legislation
Section 67D
Section 67D
Repayment of moneys withdrawn from medisave account
(1)
Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to —
an approved applicant which is a Medisave healthcare provider in respect of medical, psychiatric or other treatment or services prescribed under section 77(1)(j); or
any person as reimbursement for payments made by that person for any medical, psychiatric or other treatment or services prescribed under section 77(1)(j),the approved applicant referred to in paragraph (a) or the person referred to in paragraph (b), as the case may be, (called in this section the recipient) must, if the withdrawal or payment of the amount paid to the recipient was not in compliance with regulations made under section 77(1)(j) —
repay to the Board the amount determined by the Board under subsection (3);
reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and
indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations.
(2)
Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to an insurer as a premium in respect of a medical insurance scheme or other insurance scheme referred to in section 77(1)(k), then, if the withdrawal or payment to the insurer was not in compliance with regulations made under that section, the insurer must —
repay to the Board the amount determined by the Board under subsection (3);
reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and
indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations.
(3)
The amount to be repaid under subsection (1)(c) or (2)(a) is the whole or such part as the Board may determine of —
the amount that was paid to the recipient in subsection (1) or the insurer referred to in subsection (2), as the case may be; and
the interest which would have been payable on the amount referred to in paragraph (a) if it had not been withdrawn from the medisave account.
(4)
Any sum not repaid under subsection (1)(c) or (2)(a) may be sued for and recovered by the Board under section 65.
(5)
Any sum not paid to the Board under subsection (1)(d) or (e) or (2)(b) or (c) may be sued for and recovered by the Board as a debt due to the Board.
(6)
The Board must credit to the member’s medisave account the amount that is determined by the Board under subsection (3).
(7)
This section applies —
whether the amount to be repaid under subsection (1)(c) or (2)(a) was withdrawn from the member’s medisave account or paid to the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) before, on or after 31 December 2016; and
even if the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) has no obligation to repay or reimburse the payment to the member or the Board in the circumstances of the case, or is excluded by contract from such obligation.