PHILIPSBURG–Inspector General Earl Best has maintained that the higher supervision placed on St. Maarten Medical Center (SMMC) stands and is hoping the hospital would adhere to the content of the supervision or measures will have to be taken.
However, SMMC’s attorney Maarten le Poole of HBN Law on Monday maintained that there is no legal basis for higher supervision to be placed on SMMC and said the hospital would be filing an administrative appeal against the Inspectorate to retract its order (see related story).
Best told The Daily Herald on Monday that most hospitals finding themselves in a situation as SMMC would be eager to work together with the Inspectorate to rectify things, but not SMMC. The Inspectorate said the hospital’s rejection of the supervision was “more or less expected, seeing the way they behaved in the whole inspection process.”
Best said the Inspectorate will have to meet with SMMC and determine a way forward. “We will have to meet with them first. Wanting to comply is the most simple and normal thing to do. Instead of fighting with the Inspectorate, you try to sit and resolve the situation. That is what all hospitals would love to do, but not here in St. Maarten,” Best said. “If they [SMMC ed.] want to fight with us, we have several measures we can take. We can fine them and if they don’t abide in the end we can say we will close [some functional units ed.]. That’s an option, or the minister can take a decision to come up with a decree.”
He said SMMC has been placed under “Verscherpt toezicht,” Dutch for “higher supervision.” Asked what was the legal basis for this action, he said the Inspectorate “does not need a legal basis” for this action, as “the Inspectorate is authorized” to take such a decision if it determines that health care is in jeopardy.He said failure by SMMC to adhere to the conditions of its supervision would result in the imposition of measures. This could include fines and the closure of certain functional units. Two units that would face closure are the Emergency Room and the Surgical Ward. He said the Inspectorate is an independently functioning body and it is incumbent on the Health Ministry to determine what measures would be put in place to guarantee continuity of care in these areas, if this measure were to be taken.
Best said he had responded to SMMC’s letter rejecting the higher supervision last Friday. In his letter he maintained that the supervision stands and he urged SMMC to comply.
Asked for his views on the summons he was given by SMMC via its attorney that the Inspectorate should refrain from making further public statements while the issues with SMMC have not been clarified, and without first consulting SMMC, and from performing further acts which suggest that its office lets itself be used as a political tool, Best said this was SMMC’s opinion.
“We are the Inspectorate. We are independent. That’s their opinion.” He said if the Inspectorate has to call on government in this case, it would do so.
