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Singapore: Ministry of Health to Table Health Information Bill to support healthcare transformations

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In brief

The Ministry of Health (MOH) has confirmed its intention to table the Health Information Bill (Bill) in the second half of 2023. Through the Bill, the MOH seeks to enable the collection of patients’ selected health data from healthcare providers and to allow healthcare providers to share patient information with one another in a safe and secure manner. 

Background

In September 2022, the MOH submitted the White Paper on Healthier SG to Parliament. Key features of Healthier SG — which is the name given to the major reform of the healthcare system — include the mobilization of the network of family doctors to deliver preventive care for residents and the setting up of necessary enablers such as IT.

During the parliamentary debates on the White Paper on Healthier SG in October 2022, the MOH raised that one of the key tools for the successful implementation of Healthier SG is the National Electronic Health Record (NEHR), a central repository of patient summary health records. This would allow healthcare workers, including family doctors, to draw from and contribute to this common platform. To facilitate the proper collection, use and sharing of health data among healthcare providers in a safe and secure manner, the MOH announced its intention to introduce the Bill.

Objectives of the Bill

In March 2023, the MOH confirmed its intention to table the Bill in the second half of 2023, sharing that, as of December 2022, all public healthcare institutions and over 30% of private MOH-licensed healthcare institutions have access to NEHR.

Once the Bill has been implemented, the MOH would be able to benefit patients, residents and healthcare providers in the following ways:

  1. By increasing the functionality of the NEHR through mandatory contribution of summary data by licensed healthcare providers as well as prescribed users like retail pharmacists.
  2. By enhancing the legal framework to facilitate proactive data sharing across MOH entities, Healthcare Services Act licensees and appointed community partners to facilitate better monitoring and follow-ups.
  3. By implementing safeguards for data sharing to protect patient confidentiality and respect patient autonomy.
  4. By implementing cybersecurity, data security and data protection measures to safeguard health information.

Ensuring safe and secure data sharing

Since May 2022, the MOH has consulted with more than 800 residents, patients, industry experts and healthcare providers to better understand concerns about the Bill. Key concerns raised were in relation to medicolegal liabilities, cybersecurity and data security. The MOH intends to address these concerns in the following ways:

  1. By setting out cyber and data security requirements for healthcare entities. For example, data intermediaries will need to ensure their IT systems and services maintain good cyber hygiene, and data and systems will have to undergo regular backups and updating of software and security patches.
  2. By implementing safeguards such as data security classifications and requirements for proper data storage, transmission and disposal.
  3. By aligning data security and protection with prevailing policies and standards under the Personal Data Protection Act.

The MOH is also working with the Personal Data Protection Commission and the Cyber Security Agency of Singapore to identify areas where safeguards need to be strengthened.

The MOH will continue to engage stakeholders as the MOH continues designing the Bill.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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