Fixing the certification issues
LYN IS contending that there is a serious problem with the regulatory framework which he said the Government needs to fix urgently. That fix, he argued, must include a legal regime that properly considers private hospitals, which, based on their advanced specialised services, are not fully captured under the nursing homes law.
“It needs to be modified … [to] make it applicable specifically to hospitals,” he said.
Brown wants that, too.
“We would agree that there ought to be statutes in place to identify and treat with private hospitals as such and would comply with any requirement of the law,” he said. “(But) we are not aware of any requirement in the law to seek permission from any department to operate our private medical facility.”
Lyn and Dr Michael Banbury, CEO of Medical Associates Hospital in St Andrew, were surprised over a week ago when The Sunday Gleaner informed them of the requirement.
Although several private operators have claimed ignorance of the NRHA’s requirements, Tufton has said that the Attorney General’s Chambers provided advice in 2010 asserting that private hospitals were regulated under the NHRA. The advice was sought because operators were resisting the 86-year-old law.
Inspections and registration under the NHRA are only triggered on the application of an entity. But following the concerns stemming from last week’s news report, the Government is getting around the NHRA by using the Public Health Act, which means the authorities do not have to wait on operators.
WEAKNESS IN FRAMEWORK
While not giving a timeline, Tufton, who has acknowledged weaknesses in the legislative framework, said he will restart a process for the passing of the Health Facilities Act, which would govern private hospitals.
“This is an admission I’m prepared to accept some burden
for – the need for fast-tracking and ensuring that that legislation is brought to implementation. I have to make sure that that happens,” the minister said.
He also admitted that he was not aware that Andrews was not certified when the Government brokered the April agreement with the private facility to accept patients from the Kingston Public Hospital. The agreement will still stand because it is of “value”, Tufton said.
NHRA registration is valid for two years and generally signals that an institution has met the minimum standards in areas such as physical environment, operating procedures, equipment, patient management and staffing. A registration certificate is only granted after inspections are done and the chief medical officer is satisfied with the outcome.
Only Art of Surgery, Winchester Surgical and Medical Institute, Baywest Wellness Hospital and Hospiten Jamaica Limited are recognised as registered private hospitals, even though Tufton reportedly ordered 17 inspections.