Written Answers Nos. 167 - 172
167. Deputy Sean Fleming asked the Minister for Health if the Government policy in relation to the payment of top-ups to public servants and those whose salaries are primarily funded by the State has changed; and if he will make a statement on the matter. [26262/14]
View answerMy Department issued Circular 11/2013 on compliance with health sector pay policy, making it clear that bodies funded under Section 38 of the Health Act 2004 shall not pay nor subsidise salaries which exceed those normally paid within the public sector and may not supplement approved rates of remuneration with either Exchequer funding or non-Exchequer sources of funding. At my request, the HSE has taken urgent action to ensure Section 38 agencies which have been found to be in breach of this policy are brought into compliance.
Following consultation between the agencies and the HSE, a substantial number of Section 38 Agencies submitted business cases seeking retention of unapproved allowances.
An Internal HSE Review Panel communicated their decisions in April on the business cases that were made to them by the Section 38 organisations. The vast majority of the business cases were rejected. It is anticipated that in advance of 1 July 2014 a number of agencies will seek approval to ‘red-circle’ remuneration arrangements on behalf of a number of Senior Managers on a personal to holder basis where there is explicit evidence of entitlement of the individual recipients by virtue of their employment contractual rights. On receipt of such requests the HSE will review the documentation and where appropriate seek formal approval from the Department of Health who will liaise, as appropriate, with the Department of Public Expenditure and Reform, in accordance with Circular 11/2013. On the completion of the compliance process, a final report detailed by agency will be provided, at which time it is expected that all agencies will have demonstrated full compliance with Government pay policy.
168. Deputy Áine Collins asked the Minister for Health the reason for the delay in issuing an emergency medical card in respect of a person (details supplied). [26163/14]
View answerThe Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.
169. Deputy Joan Collins asked the Minister for Health his views on Ehlers-Danlos syndrome and the procedures his Department will put in place to treat persons who have EDS. [26164/14]
View answerAs this is a service matter it has been referred to the HSE for a direct reply to the Deputy.
170. Deputy Patrick O'Donovan asked the Minister for Health if he will provide details in tabular form by hospital for the amounts of uncollected revenue from private health insurance companies for 2013; and if he will make a statement on the matter. [26166/14]
View answerThe Deputy requested this information in a previous Parliamentary Question. The information requested was issued to the Deputy by the HSE on the 24th March.
171. Deputy Michael McCarthy asked the Minister for Health the proposals he has to provide an immediate improvement in the long waiting times for outpatient, inpatient and day cases on the orthopaedic list in Our Lady's Children's Hospital, Crumlin; and if he will make a statement on the matter. [26169/14]
View answerIn relation to the detailed queries raised by the Deputy, as these are service matters, I have asked the Health Service Executive to respond to him directly.
172. Deputy Pádraig Mac Lochlainn asked the Minister for Health if he will provide the cost to the Exchequer each year from 2009 to 2014 of the amount paid by his Department under the terms of settlements which included confidentiality agreements or confidentiality clauses. [26183/14]
View answerThe State Claims Agency, within the NTMA, manages personal injury, property damage and clinical negligence claims brought against certain State authorities, including Government ministers and health enterprises. The vast majority of claims under the remit of the State Claims Agency (over 11,000 received since 2009) are resolved without confidentiality agreements attaching. Confidentiality agreements typically apply to claims in respect of minors or claims associated with abuse or specific medical negligence issues. The fact that cases might be subject to confidentiality agreements is not recorded on the National Adverse Event Management System (NAEMS). The confidentiality clauses are recorded only on the paper files. The agreements, where entered into at the behest of either party, preclude the disclosure of settlement details by either party.
Historically, medical indemnity in Ireland has been offered to medical consultants and other healthcare professionals by two private companies, the Medical Defence Union (MDU) and the Medical Protection Society.
The Clinical Indemnity Scheme (CIS) was established in 2002, in order to rationalise pre-existing medical indemnity arrangements by transferring to the State, responsibility for managing clinical negligence claims and associated risks. Under the scheme, which is managed by the State Claims Agency (SCA), the State assumes full responsibility for the indemnification and management of all clinical negligence claims, including those which are birth-related.
One of the Medical Defence Organisations, the MDU, contended that the Irish State should take over the historic liabilities of its members in respect of claims which occurred prior to the introduction of the Clinical Indemnity Scheme, as it alleged that the establishment of the Scheme deprived it of vital income to meet its historic liabilities in Ireland. Despite protracted negotiations between the State and the MDU, it was not possible for the parties to reach agreement on this matter. The MDU subsequently began to refuse cover to its existing and former consultant members in Ireland.
To ensure that no one who suffered from a medical mishap would be left without compensation in all reasonable circumstances, the Department put in place arrangements in October 2004 whereby consultants, refused indemnity by the MDU, would have their cases handled to completion by IHCA and IMO nominated solicitors whereupon, at the conclusion of individual proceedings, application could be made to the Minister for ex–gratia assistance in respect of settlements/award of damages and attendant legal costs.
In September 2012 the Government decided to accept an MDU offer of €45 million in full and final settlement of its historic liabilities in Ireland. This agreement is subject to a confidentiality clause.
Other settlements which included confidentiality agreements or confidentiality clauses, of which my Department is aware, over the period 2009 to 2014 to date are as follow:
|
Year |
Settlements Paid |
Legal Costs Paid |
|
2009 |
€95,956.86 |
€118,336.57 |
|
2010 |
€265,000.00 |
€261,917.09 |
|
2011 |
€146,865.32 |
€410,426.83 |
|
2012 |
€890,456.57 |
€436,550.25 |
|
2013 |
€1,063,250.00 |
€142,309.56 |
|
2014 to date |
€421,250.00 |
€282,778.69 |
