Written Answers Nos. 275-286
275. Deputy Bernard J. Durkan asked the Minister for Health when a surgical procedure will be offered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12676/14]
View answerThe National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2013, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the Health Service Executive, sets out the processes that hospitals are to implement to manage waiting lists. In relation to this particular query raised by the Deputy, I have asked the HSE to respond directly to the Deputy in this matter.
276. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the enforcement mechanisms that are in place to ensure that consumers and the Health Service Executive actually benefit from generic substitution and reference pricing; if his attention has been drawn to the fact that in some cases, pharmacists are marking generic drugs up and branded drugs down in order to maintain profit levels; if he will review the working of the new legislation to ensure that the maximum benefit is derived from it by all consumers; and if he will make a statement on the matter. [12716/14]
View answerUnder an agreement reached in October 2012 with the Association of Pharmaceutical Manufacturers in Ireland (APMI), which represents the generic drugs industry, the maximum price the HSE pays for generic products is 50% of the initial price of an originator medicine. Recent negotiations with the APMI have resulted in additional price reductions being agreed. From 1 April 2014, the maximum price the HSE will pay for generic products will be 40% of the initial price of an originator medicine. This will result in the price differential between off-patent drugs and most generic equivalents increasing from 5% currently to approximately 20%.
The Health (Pricing and Supply of Medical Goods) Act 2013 introduced a system of generic substitution and reference pricing. Reference pricing involves the setting of a common reimbursement price, or reference price, for a group of interchangeable medicines. It means that one reference price is set for each group or list of interchangeable medicines, and this is the maximum price that the HSE will reimburse to pharmacies for all medicines in the group, regardless of the individual medicine’s prices.
In the case of drugs and medicines which are paid for by the HSE, prices are set in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013 or the terms of the framework agreements between the Department of Health and the HSE and the representative bodies for pharmaceutical manufacturers in Ireland. However, neither the Minister for Health nor the HSE has any power to set the prices of drugs and medicines purchased by private patients. However, I would be disappointed if all pharmacists were not passing on the benefits of lower prices to patients.
The HSE advises the public that if they are being charged prices which exceed the reimbursement price listed on the HSE website (http://www.pcrs.ie/), plus a dispensing fee of between €3.50 and €5, then they should discuss the differential with their pharmacist to ensure they get the best possible price for the medicine concerned.
Finally, my Department has asked the Pharmaceutical Society of Ireland (the pharmacy regulator) to consider how to provide greater price transparency in retail pharmacies. This examination is ongoing.
277. Deputy Róisín Shortall asked the Minister for Health the target date for the full commencement of new regulations under the Misuse of Drugs Act to deal with the trading of certain z-drugs, the dealing in and prescribing of benzodiazepines, and to deal with the sale of anabolic steroids; and if he will make a statement on the matter. [12721/14]
View answerThe draft regulations which are being prepared in the Department constitute a major amendment of the Misuse of Drugs Regulations. Arising from the latest consultation process, the draft regulations are being reviewed. When this review is completed, the Government's approval will be sought to notify the draft regulations to the EU Commission and Member States under the Technical Standards Directive. The EU notification period may take up to 3 months to complete. Following its completion, the Government's approval will be sought to the relevant Statutory Instruments. It is anticipated that the regulations will be introduced in mid-2014.
278. Deputy Róisín Shortall asked the Minister for Health the timescale being worked to in relation to the publication and implementation of the Public Health Alcohol Bill; and if he will confirm that the prevention of sponsorship of sporting events by the alcohol industry will not be dealt with in this legislation. [12722/14]
View answerThe Government has approved an extensive package of measures to deal with alcohol misuse to be incorporated in a Public Health (Alcohol) Bill. These measures are based on the recommendations contained in the Steering Group Report on a National Substance Misuse Strategy, 2012. The package of measures to be implemented will include provision for minimum unit pricing, regulation of the marketing and advertising of alcohol, regulation of sports sponsorship, structural separation of alcohol from other products in mixed trading outlets and labelling of alcohol products. Work on developing a framework for the necessary Department of Health legislation is continuing. It is hoped to publish a General Scheme of a Bill in the coming months.
The existing voluntary code that governs sports sponsorship will be placed on a statutory footing. A working group to examine the regulation of sports sponsorship has been established. The working group is chaired by the Department of the Taoiseach. The group has met twice to date and will report back by the end of 2014 on:
i) The value, evidence, feasibility and implications (including the public health consequences for children and young people) of regulating sponsorship by alcohol companies of major sporting events,
ii) Its consideration of financial implications and alternative sources of funding for sporting organisations to replace potential lost revenue arising from any such regulation.
279. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will outline in detail all options available to citizens who feel they have been failed by the health services, this to include the role of internal Health Service Executive review mechanisms, the coroner's court, the Health Information and Quality Authority and the Ombudsman; and if he will make a statement on the matter. [12744/14]
View answerAs Minister for Health, patient safety is a major priority for me. This commitment is borne out by my decision to establish a new Patient Safety Agency (PSA). The PSA will be established initially on an administrative basis within the HSE structures in 2014. The HSE will establish a Board to oversee the PSA and agree its initial governance and operational arrangements. A key role for the PSA will be to provide national leadership for patient advocacy services. The HSE is expected to begin the process of recruiting an interim CEO for the PSA shortly.
An on-line information service called healthcomplaints.ie was launched in September, 2011. This initiative, which was developed by the Office of the Ombudsman in cooperation with a number of organisations including my Department and the HSE, provides information on how to make a complaint or give feedback about health and social care services in Ireland. This website has been developed for people who use health and social care services in Ireland, as well as for their families, care-givers and advocates.
I will now outline the avenues open to individuals to make a complaint about the health services.
1. HSE Complaints Process
Part 9 of the Health Act 2004 states that a person has the right to complain about any action of the Health Service Executive (HSE) or a service provider that they believe was not fair or had an adverse affect on them. The HSE has appointed designated Complaints Officers to ensure the effective management of complaints throughout their relevant areas of responsibility. The HSE actively encourages and promotes consumer feedback and links with customers on a regular basis to ensure that the complaint handling processes are effective, are being communicated and are achieving outcomes that are satisfactory to the consumers.
I believe that it is generally best that complaints are dealt with directly when they occur and all efforts made to resolve them locally with the patient or person that complains. The HSE continues to seek improvements in its complaint handling ability and capacity in order to respond to the needs of patients. If an individual is unhappy with the way in which his/her complaint was dealt with the National Advocacy Unit of the HSE will appoint an independent officer to review the complaint.
In addition to the complaints procedure outlined above, the HSE operates its ‘Risk and Incident Escalation Procedure’ overseen by its National Incident Management Team (NIMT) in cases where a national or integrated response is required.
2. Coroner
The Coroner is an independent official with legal responsibility to enquire into the circumstances of sudden, unexplained, violent and unnatural deaths. This may require a post-mortem examination, sometimes followed by an inquest. The Coroner essentially establishes the "who, when and how" of unexplained death. The coronial process comes under the remit of my colleague, the Minister for Justice and Equality. The recently published Report of the CMO into Perinatal Deaths at HSE Midland Regional Hospital, Portlaoise (2006-date) recommended that guidelines for staff should be developed which provide information on the inquest process, detail expected behaviours and requirements for attendance. My Department will be engaging with the Department of Justice and Equality in respect of the Coronial service.
3. HIQA
I also have the power under Section 9 (2) of the Health Act 2007 to direct HIQA to undertake an immediate investigation into the safety, quality and standards of a health service provider where I believe that there is a serious risk to the health and welfare of a person receiving those services or where the risk may be the result of any act, failure to act or negligence on the part of the HSE, a service provider, the registered provider of a designated centre or the person in charge of a designated centre if other than its registered provider. A number of such investigations have taken place, with the most recent being the HIQA investigation into University Hospital Galway (October 2012).
4. Office of the Ombudsman
An individual may at any time refer a complaint to the Office of the Ombudsman. The Ombudsman can examine complaints about the actions of a range of public bodies, including the HSE. In addition, since January 2007 he/she may also examine complaints about agencies delivering health and personal social services on behalf of the HSE. These agencies can include charitable organisations or voluntary bodies.
The Ombudsman can examine complaints about how staff of the HSE or other agencies carry out their everyday administrative activities when providing services to members of the public. These include complaints about delays or failing to take action. The Ombudsman deals with all complaints independently and impartially when judging whether the action or decision of the HSE or a service provider was fair and reasonable.
5. Professional Regulatory Bodies
Finally, if an individual is unhappy with the level of care provided by a health service employee such as a doctor, nurse or other regulated healthcare professional, he/she may make a complaint to that employee's professional regulatory body.
280. Deputy Sandra McLellan asked the Minister for Health if a person working and paying tax both in another country (details supplied) and here and living here can qualify for a medical card here; and if he will make a statement on the matter. [12753/14]
View answerUnder the provisions of the Health Act 1970 (as amended), eligibility for public health services in Ireland is based primarily on residency and means. Under EU legislation, persons insured in any EU Member state, together with persons insured in any EEA Member state (Iceland, Norway or Liechtenstein) or in Switzerland, are entitled to healthcare. In order to obtain a Medical Card under EU legislation, the applicant must produce the appropriate E or S-form, completed by their Member State confirming the healthcare entitlement for which that state is liable.
The HSE has responsibility to establish if an applicant is subject to Irish social security legislation. A person is considered subject to Irish social security legislation if s/he is in receipt of a contributory Irish social welfare payment or engaged in work in Ireland and subject to PRSI (in respect of a self-employed person, s/he is only subject to PRSI for earnings over €3,174). If a person is considered subject to Irish social security legislation, the person will not qualify for a Medical Card under EU legislation, but may qualify for a means-tested Medical Card under national legislation.
281. Deputy Dan Neville asked the Minister for Transport, Tourism and Sport the amount of money provided in 2013 for repair of county roads in County Limerick; the amount of money that has been allocated for county roads in County Limerick in 2014. [12484/14]
View answerDetails of the regional and local road grant payments to county councils including Limerick County Council are outlined in the regional and local road grant payment booklets which are available in the Dáil Library. Details of the 2014 regional and local road grant allocations to each county council are also available in the Dáil library.
With regard to national roads, details of the allocations to each local authority are also available in the Dáil library. However, details of the actual drawdown of funding for these roads is a matter for the National Roads Authority. Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.
282. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the position regarding funding for the Coast Guard service for a new building in Waterville; and if he will make a statement on the matter. [12589/14]
View answerIn 2013 the Coast Guard, which is a Division of my Department, secured from the Office of Public Works (OPW) the use of buildings in Waterville deemed suitable for conversion to a Coast Guard station. These buildings are adjacent to the existing facility used by the Waterville Coast Guard unit. The buildings will require extensive internal renovation and the OPW are in the process of finalising internal design work and planning documentation. Subject to satisfactory completion of this phase of the project refurbishment works should commence in late 2014. This work will be funded by my Department.
283. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if funding will be available for a project (details supplied) in County Kerry; and if he will make a statement on the matter. [12590/14]
View answerI have no direct role in the provision of funding to individual projects as this is a matter for Fáilte Ireland and accordingly I have referred the question to the agency for direct reply. Indeed the development of this project was strongly supported by Fáilte Ireland and they will include it as an important experience on the Wild Atlantic Way and Tourism Ireland will market it internationally. Please contact my private office if a response is not received within ten working days.
284. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if he will ensure that the expert group appointed to investigate the IASS pension situation is required to meet representatives groups from the deferred members and existing pensioner groups. [12525/14]
View answer292. Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if he will appoint representatives from the deferred members of the Irish aviation superannuation scheme to the newly established expert panel. [12594/14]
View answer293. Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the potential loss of 50% or more of expected pension entitlements for some deferred members of the Irish aviation superannuation scheme; and if he will make a statement on the matter. [12595/14]
View answerI propose to take Questions Nos. 284, 292 and 293 together.
The questions all relate to the Irish Airlines Superannuation Scheme (IASS). As Minister for Transport Tourism and Sport I have no function in relation to the administration of the IASS. The resolution of the funding difficulties in the scheme is primarily a matter for the trustees, the members of the scheme, the companies participating in the scheme and the regulator of such pension schemes - the Pensions Board.
The trustees announced in February that they had decided in principle on a number of changes to address the funding difficulties of the scheme. The trustees, who are central to any solution to the funding difficulties, are required by law to act in the best interests of all members of the scheme, be they active, deferred or pensioner members. The letter from the trustees to the employers and unions formally requests them to give appropriate consideration to the position of the deferred members in further discussions.
Following consultations between my Department, the Department of Jobs Enterprise and Innovation, IBEC and ICTU, an Expert Panel has been established to carry out a detailed investigation of how a final resolution of the industrial relations issues relating to the IASS can be secured. That investigation will include discussions with relevant stakeholders and the Panel has been asked to make a preliminary report by the end of March.
285. Deputy Jonathan O'Brien asked the Minister for Transport, Tourism and Sport the position regarding a driving licence in respect of a person (details supplied) in County Cork. [12528/14]
View answerThe operation of the National Driver Licensing Service (NDLS) is the statutory responsibility of the Road Safety Authority (RSA). I have therefore referred the question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
286. Deputy Aengus Ó Snodaigh asked the Minister for Transport, Tourism and Sport the discussions he has had with the main sporting bodies to mark the centenary commemoration of the 1916 Rising with a major sporting event in the various sports grant aided by the State. [12544/14]
View answerThe development of the national commemorative programme is being co-ordinated by the Minister for Arts, Heritage and the Gaeltacht. I am aware that several of the national sporting associations are considering their possible contributions to the developing programme of Centenary commemorations.
