Key takeaways

• The investigation and regulatory action taken by the MOH demonstrates its vigilance and readiness to enforce actions against violations of the HCSA and to publicly disclose information about those in breach.
• The MOH has reiterated that it will continue to monitor and audit other licensed providers of outpatient medical services who provide teleconsultation services, including other telemedicine platforms.
• To avoid regulatory penalties and adverse publicity, healthcare services providers (especially telemedicine services providers) and their key appointment holders should ensure close compliance with applicable regulations and guidelines.

In more detail

In August 2024, the MOH announced that it was investigating the clinic for an alleged breach of the Healthcare Services Act 2020 (HCSA). You may refer to our previous client alert here for more details on the MOH's investigation findings (including short teleconsultation durations, issuance of multiple medical certificates over a short period of time, and questionable and poor case note documentation).

After completing its investigations, the MOH concluded based on its findings that there is reason to believe there was an entrenched culture of disregard for applicable clinical and ethical standards within the clinic.

Consequently, the MOH issued a notice of intended revocation of the clinic's license under the HCSA on the basis that the clinic is unable to continue providing outpatient medical services in a manner that is clinically and ethically appropriate. Upon revoking the HCSA license, the clinic will no longer be authorized to provide outpatient medical services at its permanent premises, temporary premises and remotely.

The MOH is also reviewing whether the clinic's principal officer and clinical governance officer has discharged his duties satisfactorily, and is assessing his suitability to continue acting in similar capacities for other licensed services under the HCSA.

The MOH will also be referring 41 doctors from the clinic to the SMC for investigations into alleged professional misconduct. This includes 13 doctors employed by public healthcare institutions who were acting in breach of their employment terms.

The potential penalties for not complying with statutory obligations under the HCSA and applicable regulations as well as relevant licensing conditions are stringent. The penalties include revocation of the license, suspension of the license, and/or a financial penalty of up to SGD 10,000 for each contravention of a license condition. Company officers may also be found liable for the offense.

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