Medical and Elderly Care Endowment Schemes Act 2000

In this Act, unless the context otherwise requires —

“approved institution” means any hospital or other healthcare institution approved by the Minister under section 8;

“approved provider” means an organisation providing step‑down care in respect of which an approval under section 23(5)(a) is in force;

“approved services” means step-down care provided by an approved provider in respect of which an approval under section 23(5)(a) is in force;

“authorised officer” means any officer authorised by the Minister in writing to exercise such power or perform such function or duty under this Act as the Minister may specify in writing;

“Council” means the Advisory Council established under section 6;

“ElderCare Fund” means the ElderCare Fund established under section 18(1);

“eligible patient” means a person who is eligible to make an application under section 15;

“Medifund” means the Medical Endowment Fund established under the repealed Medical Endowment Scheme Act (Cap. 173A, 1994 Revised Edition) and reconstituted under this Act;

“Medifund Account” means the account, mentioned in section 10, of a Medifund committee;

“Medifund committee” means any committee appointed under section 14;

“organisation” means a society, body or group of persons, whether corporate or unincorporated;

“personal care” means assistance of a personal nature given to help a person who, by reason of any sickness, disability or injury, is unable on his or her own to attend to his or her daily needs or carry out his or her daily routine;

“recurrent costs”, in relation to the provision of any step‑down care, means all costs incurred or to be incurred by the provider in relation to its ongoing operations in providing such care other than the following costs:

“step-down care” means —

“step-down care institution” means any premises used (whether or not exclusively) for the purpose of providing step‑down care;

“subvention” means a subvention under Part 3 out of the income of the ElderCare Fund.

For the purposes of this Act, step‑down care is not taken to include any medical or health care provided in any maternity home or premises used or intended to be used for the accommodation of pregnant women or of women immediately after childbirth.

For the purposes of sections 3(2)(c) and 18(1)(c), the net income from investments of capital moneys is the amount ascertained by adding to, or deducting from, the income received from the investments of capital moneys any profit derived or loss sustained (as the case may be) from the realisation of those investments.

For the purposes of this Part, the Medical Endowment Fund or Medifund continues and is reconstituted in accordance with this Act.

There must be paid into the Medifund —

The Minister is responsible for the administration of the Medifund, and all moneys belonging to the Medifund may be deposited in any bank and invested in any investment authorised under the Financial Procedure Act 1966.

The Medifund must be regarded as a Government fund and as comprising public moneys for the purposes of any written law.

For the purposes of this Part, the Minister for Finance may, from time to time, pay into the Medifund such sums of capital money as the Minister may determine out of moneys to be provided by Parliament.

Despite the terms of any gift or bequest, all gifts and bequests given or made for the purposes of the Medifund must be paid into the Medifund as capital moneys.

The capital moneys of the Medifund must not be used for any purpose other than for investment.

Where at any time there is a permanent diminution of the capital moneys of the Medifund, the Minister must, before paying out the income of the Medifund, make good the diminution from that income.

For the purpose of advising the Minister as to the application of the income of the Medifund, an Advisory Council is established, comprising members appointed by the Minister.

The Minister must appoint one of the members as chairperson.

The Schedule has effect with respect to the Council.

The Council may, from time to time, make recommendations to the Minister on all matters relating to the application of the income of the Medifund.

The Minister may, on the recommendations of the Council, issue to any Medifund committee directives or guidelines on the approval of applications from eligible patients and on the administration of the Medifund Account of that committee.

The Minister may, from time to time, authorise the payment of grants in such amount and to such Medifund committee as the Minister may think fit.

The Minister may, in authorising payment for any purpose under section 5 to any Medifund committee or other person, impose such terms and conditions as the Minister may think fit.

The Minister may require any Medifund committee or other person who fails to comply with such terms or conditions to repay into the Medifund any moneys paid under section 5.

Every Medifund committee which receives a grant under section 5 must establish and maintain an account to be called a Medifund Account with a bank in Singapore.

The Medifund committee must pay into the Medifund Account all moneys received as a grant under section 5 and any interest accruing on the moneys must be paid into and form part of the moneys in the Medifund Account.

No money may be withdrawn from any Medifund Account unless the withdrawal is authorised in accordance with section 17.

A Medifund committee must repay into the Medifund Account any moneys withdrawn in contravention of subsection (1).

Despite any other written law to the contrary, all moneys in the Medifund Account of any Medifund committee designated to approve applications from eligible patients of any approved institution —

The moneys in the Medifund Account must, after deduction of any payment to the approved institution which has been authorised under section 17, be vested in and paid into the Medifund if the Medifund committee is dissolved.

Every Medifund committee must cause to be kept proper accounts and records of all transactions and affairs relating to its Medifund Account and must do all things necessary to ensure that all payments are correctly made and properly authorised and that adequate control is maintained over the moneys and receipts of its Medifund Account.

Every Medifund committee must, as soon as practicable after the close of the accounting period of its Medifund Account but not later than 30 June of each year, cause to be prepared and submitted financial statements in respect of that year to the auditor of the Medifund Account.

The accounting period of a Medifund Account begins on 1 April of each year and ends on 31 March of the succeeding year.

The Minister may, by order in the Gazette, appoint one or more Medifund committees, comprising persons appointed by the Minister, to consider and approve applications from eligible patients in approved institutions and to administer payments out of their Medifund Accounts.

The order under subsection (1) must designate the approved institutions and the classes of eligible patients in relation to which a Medifund committee may approve applications under section 15 and exercise any other powers or duties under this Part.

A Medifund committee may sue or be sued in the name by which it is described in an order under subsection (1).

Every person who —

Every application under subsection (1) must be supported by such evidence as may be prescribed and by any further evidence that the Medifund committee may reasonably require.

Upon receipt of an application made under section 15, the Medifund committee designated to approve applications from such class of eligible patients of such approved institutions for the purposes of this Part may, if it thinks fit and subject to the availability of moneys in the Medifund Account —

The Medifund committee must, in considering any application and authorising payment, comply with any regulations made under this Act and any directive and guideline issued by the Minister under section 7(2).

The Medifund committee may consider any other circumstances which, in the opinion of the committee, is relevant to the application.

Despite subsection (1), a Medifund committee may authorise any person to approve the application by any eligible patient in exceptional circumstances and when the payment does not exceed such amount as may be specified in any directive or guideline issued under section 7(2).

Nothing in this Act is to be construed to require a Medifund committee or an authorised person referred to in subsection (4) to approve the application of every patient who satisfies the requirements under section 15.

A fund called the ElderCare Fund is established, into which must be paid —

The ElderCare Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law.

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.

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.

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.

The capital moneys of the ElderCare Fund must not be used for any purpose other than for investment.

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.

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 —

Where an application is made under subsection (1), the Minister may request the applicant —

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.

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.

The Minister may —

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.

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.

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 —

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 —

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.

A revocation or suspension of any approval takes effect —

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.

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.

The Minister may grant a subvention to an approved provider of such amount as the Minister may determine.

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.

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 —

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.

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.

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.

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.

A subvention is payable to an approved provider quarterly or at such other payment period as the Minister may allow.

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.

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:

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 —

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.

Any sanction imposed takes effect —

This section does not affect the operation of section 25.

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.

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.

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.

Every approved provider must —

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.

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.

An approved provider must not, in purported compliance with this section, make a record that is false or misleading in a material particular.

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.

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:

An authorised officer may act as provided for under subsection (1) for all or any of the following purposes:

All expenses incurred in connection with the administration of the Medifund and the ElderCare Fund, including the costs of auditing the accounts of the Medifund and the ElderCare Fund, must be defrayed out of the income of the Medifund and the ElderCare Fund, respectively.

The costs of auditing the accounts of any Medifund Account must be defrayed out of the income of the Medifund.

The financial year of the Medifund begins on 1 April of each year and ends on 31 March of the succeeding year.

The financial year of the ElderCare Fund begins on 1 April of each year and ends on 31 March of the succeeding year.

The Minister must cause to be kept proper accounts and records of all transactions and affairs relating to the Medifund and the ElderCare Fund and must do all things necessary to ensure that all payments out of the Medifund and the ElderCare Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Medifund and the ElderCare Fund.

The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted financial statements in respect of that year to the auditor of the Medifund and the ElderCare Fund.

The accounts of the Medifund, the ElderCare Fund and every Medifund Account must be audited by —

A person is not qualified for appointment as an auditor under subsection (1)(b) unless the person is a public accountant within the meaning of the Companies Act 1967.

The auditor or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Medifund, the ElderCare Fund and every Medifund Account and may make copies of, or take extracts from, any of those accounting and other records.

The auditor must in the auditor’s report state —

The auditor must —

Where the Auditor-General is not the auditor of the Medifund, the ElderCare Fund or any Medifund Account, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General.

The auditor or any person authorised by the auditor may require any other person to provide such information in that other person’s possession or to which that other person has access as the auditor considers necessary for the purposes of the auditor’s duties under this Act.

Any person who, without reasonable excuse, fails to comply with any requirement of the auditor under subsection (1) or who otherwise hinders, obstructs or delays the auditor in the performance of the duties or the exercise of the powers of the auditor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Any person who obstructs, hinders or impedes any authorised officer in the performance or execution of the officer’s duty or anything which the officer is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Any person who, without reasonable excuse, fails to answer any question, to provide any information or to produce any document or record to an authorised officer in contravention of section 32(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Except in the case of prosecution of an offence under this Act, an authorised officer is not compellable in any proceedings to give evidence in respect of, or to produce any document containing, any information which has been obtained from any approved provider or approved institution in the course of carrying out any inspection, assessment or performing any duty or function under this Act.

Despite subsection (1), an authorised officer must not disclose any information which is contained in the medical records, or which relates to the condition, treatment or diagnosis, of any person, as may have come to the officer’s knowledge in the course of carrying out any inspection or assessment or performing any duty or function under this Act unless the disclosure is made —

In subsection (2)(c), “representative” means —

Where any offence under this Act is committed by a body corporate, a partnership or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer, or was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that —

In relation to a body corporate whose affairs are managed by its members, “director” means a member of the body corporate.

Any approval, decision, notice or other document prepared, made, granted, issued, and any act or thing done or given, under or pursuant to the repealed Medical Endowment Scheme Act (Cap. 173A, 1994 Revised Edition) (called in this section the repealed Act) and valid immediately before 27 March 2000 are deemed to have been prepared, made, granted, issued, done or given under or pursuant to the corresponding provision of this Act and continue to have effect accordingly.

All directives or guidelines made by the Minister under section 9 of the repealed Act are deemed to have been made under section 7 of this Act.

Every Hospital Medifund committee appointed under section 12 of the repealed Act is deemed to be appointed as a Medifund committee by the Minister in accordance with section 14 of this Act.

Every Hospital Medifund Account established under section 11 of the repealed Act is deemed to be a Medifund Account established under section 10 of this Act.

A person who, immediately before 27 March 2000, is a member of the Advisory Council under the repealed Act, continues as such member as if the person had been appointed under section 6 of this Act.

Any reference in any document to the repealed Act is construed as a reference to this Act.