BMDA On The Health Council Amendment Act

The Bermuda Medical Doctors Association [BMDA] expresses its “deep concerns following the passage of the Bermuda Health Council Amendment [No. 2] Act 2024 in both the House of Assembly and the Senate. Despite recognition of consultation shortcomings, the legislation has been approved without fully addressing the concerns raised by healthcare professionals in Bermuda.”

BMDA’s Position on Healthcare Regulation

A spokesperson said, “The BMDA fully supports strong and effective regulation to ensure patient safety and quality care. However, we believe that healthcare regulation should be led by a body of healthcare professionals, supported by economists and statisticians, rather than driven solely by data experts. Our primary concern with the Bermuda Health Council is that it is led by economists and statisticians who lack practical knowledge of the application and practice of medicine. This leadership often views healthcare solely through the lens of data, comparing Bermuda to countries with very different economic, racial, and demographic contexts. As a result, the Council often comes to misguided conclusions, failing to take into account the realities of healthcare delivery in Bermuda.

“Furthermore, the Health Council has consistently failed to invite healthcare providers to the table to help fill the gaps in their knowledge. We believe the system would work far better if there was genuine collaboration between healthcare professionals and the Council, and if we could trust that we were dealing with honest brokers.

Concerns About the Health Council’s Conduct

“Several aspects of the Health Council’s conduct have raised serious concerns:

• “Lack of Transparency: The Council claimed it would share the draft legislation during the consultation process. However, the BMDA did not receive the draft until the day before it was tabled in the House of Assembly. This is not a demonstration of transparency or good faith consultation.

• “Restricted Engagement: During a Zoom consultation, all participant microphones were muted, preventing healthcare professionals from asking questions or providing feedback. This one-sided communication does not foster meaningful dialogue or partnership.

• “Imposed Decisions: Rather than inviting constructive feedback and considering alternative perspectives, the Health Council has dictated what healthcare providers must accept, leaving little room for genuine input or collaboration.

Criticism of Government and MP Engagement

“We also feel that the Government and its MPs are contributing to the flawed system. Too often, MPs simply accept the conclusions presented by their technical officers without reaching out to stakeholders like healthcare professionals. This has been particularly evident in our interactions with the Minister of Health, where we have received no meaningful support or engagement. We urge the Government to reevaluate its approach and consider finding a more suitable replacement who is willing to engage honestly and transparently with the healthcare community.

Moving Forward

“The BMDA believes that the future of Bermuda’s healthcare system depends on collaborative regulation—where healthcare professionals, economists, and statisticians work together as equal partners. We support the intent to regulate healthcare effectively but call for a more inclusive, transparent, and balanced process.

“We remain committed to engaging with the Government and the Health Council to ensure that healthcare regulations in Bermuda are developed in a way that truly reflects the needs of the island and its healthcare providers. We hope the necessary amendments to this legislation can be made to create a more just and effective regulatory framework.”

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