Dáil Éireann Debate, Tuesday - 21 May 2013
608. Deputy Gerry Adams asked the Minister for Health in view of the acknowledgement by the Health Service Executive, as per correspondence dated 10 April 2013, that the most appropriate place for treatment for a person (details supplied) in County Louth is abroad, if he will advise on the way they should proceed to obtain the necessary treatment, in view of the fact that the HSE has not replied to my previous question [23685/13]
View answer669. Deputy Gerry Adams asked the Minister for Health further to Parliamentary Question No. 622 of 23 April 2013, if he will acknowledge that a person (details supplied) has sought referral to the tertiary services in Cappagh Hospital, Dublin, that Cappagh Hospital confirmed that the most appropriate place for treatment was abroad; that their consultant did identify a treatment abroad, as opposed to a request for a second operation; if he will advise on the way the persons can obtain the necessary treatment; and if he will make a statement on the matter. [24250/13]
View answerI propose to take Questions Nos. 608 and 669 together.
The HSE operates a Treatment Abroad Scheme (TAS), for persons entitled to treatment in another EU/EEA member state or Switzerland under EU Regulation 883/04 and Implementing Regulation 987/09 and in accordance with Department of Health Guidelines. Within these governing EU Regulations and the Department of Health Guidelines, the TAS provides for the cost of approved treatments in another EU/EEA member state or Switzerland through the issue of Form S2.
A decision is made on each application in accordance with this legislation and guidelines and on the basis of a review by clinical experts. The cost of the treatment is not a deciding factor when approving an application. The treatment must not be available within the State or not available within a time normally necessary for obtaining it.
The TAS allows for an Irish based medical consultant to refer a patient that is normally resident in Ireland for treatment in another EU/EEA member state or Switzerland, where the treatment in question meets certain criteria.
Following clinical assessment, the referring Consultant certifies the following:
- The treatment is medically necessary and will meet the patient’s needs;
- The treatment is a proven form of medical treatment and is not experimental or test treatment;
- The treatment is in a recognised hospital/institution and is under the control of a registered medical practitioner;
- The hospital outside the state will accept EU/EEA Form S2.
The application to refer a patient abroad is normally assessed by the HSE within 15 to 20 working days and a determination given before that patient goes abroad. Appointments should not be scheduled prior to a decision being reached on an application.
The situation with this particular case is that the Treatment Abroad Scheme (TAS) of the HSE received an application from the person involved and issued a letter informing him that, in line with the governing EU Regulations and Department of Health Guidelines, his application did not meet the criteria for the Scheme. This decision was confirmed in a review of the case by the General Manager of the TAS.
In order to advance this case a letter was issued by the TAS to the person concerned, following the review, recommending that he seek a referral to the tertiary services in Ireland in the first instance but also confirming that should his consultant identify a treatment as opposed to a request for second opinion then his free to re-apply accordingly. I understand that the person involved has now been referred to the tertiary orthopaedic services at Cappagh Hospital by his general practitioner. If the person involved attends these services as a public patient, and should the relevant orthopaedic specialist identify a specific treatment for this person that is not available in Ireland, the TAS scheme will promptly consider any such application under the governing EU Regulations and the Department of Health Guidelines.
