asked the Minister for Social Welfare the penalties which exist for doctors who negligently or fraudulently sign certificates of illness for the purpose of disability benefit in respect of people who are not sick; the number of prosecutions that have taken place for such offences in recent times; and the method of enforcement of this aspect of the law.
Written Answers. - Issue of Medical Certificates.
347.
Under the terms of their agreement with my Department medical certifiers are obliged to examine all insured persons who apply to them for a medical certificate of incapacity for work for the purpose of claiming disability benefit. Where a certifier is found guilty of a breach of the agreement, including any irregularity in the issue of medical certificates, there is provision for the imposition of a monetary penalty which may be recovered by witholding such sum as is considered fit from any remuneration due by my Department to the certifier or as a simple contract debt. There is also provision to terminate the agreement.
I am satisfied that the medical profession generally live up to their responsibilities in this matter and that certifiers do not negligently or fraudulently issue certificates of incapacity for disability benefit purposes in respect of insured persons whom they know are not sick. If the Deputy is aware of any case in which he considers that a medical certifier appears to be issuing medical certificates irregularily I will arrange to have the matter investigated as a matter of urgency if he will supply me with details on a confidential basis. In the years 1980 and 1981 following investigation a total of 12 certifiers were regarded as guilty of irregularities in the issue of medical certificates. In eight of these cases monetary penalties were imposed and warning letters were issued in the remaining four cases.
The irregular issue of medical certificates normally comes to light in the course of general administration and control of claims.