Changes to the island’s healthcare regulations that drew fire over privacy issues, as well as for jail sentences for noncompliance that eventually got dropped from the legislation, have enjoyed a largely smooth landing since coming into force, the island’s healthcare regulator stated.

The Bermuda Health Council Amendment Act 2024, which legislated the collection of healthcare data, met with heavy criticism throughout Parliament last year.

It was passed narrowly despite the Opposition decrying its “strong-arm” penalties and the Bermuda Medical Doctors Association criticising its safeguards for individual privacy and commercially sensitive information.

Calls to remove jail penalties drew widespread criticism, although they failed to pass a vote by legislators after the One Bermuda Alliance proposed an amendment in May 2024.

The Ministry of Health elected to drop the punishments proposed for healthcare providers who declined to comply with requests for information — although the potential for a fine remained in place.

The legislation had previously contained a fine of $20,000, 12 months’ imprisonment, or both for failure on the part of licensed health service providers to hand over details on “returns, statistics or other information”.

The Act got turned away by the Senate, but made it through the Upper House on its second round in July 2024, despite continuing objections by the Opposition and independent senators.

Kim Wilson, the Minister of Health, insisted at the time that the data collected would be anonymised, and called it essential for informing healthcare policy.

The regulator tasked with collecting the information told The Royal Gazette that it was in the process of readying its analysis of the responses gathered so far, and was preparing another round of consultation for the healthcare sector.

In a group statement, the council said: “One year on from the Bermuda Health Council Amendment Act, we remain confident in the direction and intent of the legislation.

“While there was some early controversy during its passage, much of that now feels misplaced when we look at how health service providers have responded.”

The council said that many who had been “initially most vocal in their concerns” were now licensed or had submitted their applications under the new framework.

The group added: “Importantly, we’ve done what we said we would do — we’ve followed a clear process, we’ve been transparent at every stage and we’ve kept people involved, without resorting to backhanded decisions, secrecy or ‘gotcha’ moments.

“This work has always been about building a structure that supports better population health and empowers both providers and patients to achieve the best possible outcomes.”

Ms Wilson said last year that the legislation was necessary to furnish the council with details and specifics on healthcare charges from providers and their level of insurance coverage, so that the regulator could “assess the factors determining the payments and thereafter making appropriate recommendations”.

The Act officially came into force on September 19, 2024.

The council told the Gazette that in the time since, it had drawn up “five core principles of licensure and established transparent criteria aligned to those principles”.

It said its public feedback process had taken in more than “30 responses from across the sector”, with the council publishing “updated operational standards and aligned inspection criteria”.

The council said it was in the process of preparing to release a summary of the first round of feedback, as well as launch a second consultation focused on inspection criteria and publish what it called “finalised standards of operation”.

The council added that it would issue public reminders about “how to use the health service provider register”, and said it aimed to “continue supporting providers to meet their licensing responsibilities”.

As of yesterday, the public register online had 141 entities signed up, ranging from seniors homes to charities, dental clinics, insurers and diagnostic laboratories.

The council concluded: “We’re encouraged by the level of professional engagement from the sector, and remain committed to a fair and accountable system that ultimately improves care for the people of Bermuda.”