Written Answers Nos. 269-276
269. Deputy Danny Healy-Rae asked the Minister for Health the amount the HSE spent on crutches in 2017; the reason it does not take back used crutches when a patient wishes to return them; and if he will make a statement on the matter. [29470/18]
View answerAs this is a service matter it has been referred to the HSE for direct reply to the Deputy.
270. Deputy Jan O'Sullivan asked the Minister for Health when the report relating to the healthy workplaces consultation process will be finalised, available and published; the amount allocated through the healthy workplace initiative to date; and if he will make a statement on the matter. [29476/18]
View answerThe development of a National Framework for Healthy Workplaces is progressing under the Healthy Ireland agenda and is overseen by a sub-group co-chaired by the Department of Health and the Department of Business, Enterprise and Innovation. This work primarily involves development of a framework across both the public and private sectors to encourage and support the development of Health and Wellbeing programmes in all places of employment.
The objective is to support employers to develop individual, practical plans identifying how they will protect and promote the physical, mental and social wellbeing of their employees, within the context of their own size, sector, location, number of employees, etc.
A comprehensive consultation process has been undertaken to inform the development of the Framework. The consultation report and a literature review have been completed and will be published and made available with the draft Framework which is expected to be completed by the end of 2018.
A total of approx. €22,000 has been spent on the development of the Framework from within the budget of the Department of Health to date.
The Deputy may also be interested to note that a new Post Graduate Course on Workplace Wellness at the National University of Galway (NUIG), which was jointly funded by both Departments, has now been introduced. This is an important step in building capacity towards the future provision of training and services in the area of Workplace Wellbeing. The course, with 35 participants, will be available again for the academic year 2018/19.
271. Deputy Richard Boyd Barrett asked the Minister for Health when the Bill to legislate for access to abortion here will be published; and if he will make a statement on the matter. [29481/18]
View answer272. Deputy Richard Boyd Barrett asked the Minister for Health the legal advice he has received on the publication of the legislation to allow for abortion here; and if he will make a statement on the matter. [29482/18]
View answerI propose to take Questions Nos. 271 and 272 together.
The Thirty-Sixth Amendment of the Constitution Bill 2018 seeks to delete Article 40.3.3 of the Constitution and substitute it with wording confirming that the Oireachtas may make laws for the regulation of the termination of pregnancy. A Polling Day Order for a referendum was held on 25 May 2018 and the referendum was passed by a substantial majority. A certificate with the provisional result of the referendum was published in Iris Oifigiuil on 29 May.
Two applications for permission to challenge the result of the referendum have been made to the High Court under section 42 of the Referendum Act 1994. The High Court began to hear the applications on Tuesday, 26 June and concluded on Friday, 29 June. Judgement on the applications have been reserved.
When there is a referendum petition outstanding, the referendum certificate remains provisional and the Thirty- sixth Amendment of the Constitution Bill 2018 cannot be signed into law by the President. Therefore the Bill to expand the grounds for legal termination of pregnancy cannot be published in the Houses of the Oireachtas while article 40.3.3 remains unchanged in the Constitution.
However, work is ongoing on the preparation of the legislation to regulate termination of pregnancy based on the General Scheme of a Bill to Regulate Termination of Pregnancy approved by Government on 27 March and published on Department of Health website.
273. Deputy Róisín Shortall asked the Minister for Health if breast reduction surgery on medical grounds and supported by a consultant’s letter is available under the treatment abroad scheme and-or the cross-border healthcare directive; the procedure for a person to access treatment under these schemes; and if he will make a statement on the matter. [29485/18]
View answerPatients can seek to access health care in an other EU/EEA member state via two different schemes. Where a service is provided in Ireland but a patient wishes to access care in another EU/EEA Member State, this can be possible by seeking treatment under the Directive on Patients' Rights in Cross Border Healthcare, otherwise known as the Cross Border Directive (CBD).
The CBD provides rules for the reimbursements to patients of the cost of receiving treatment abroad, where the patient would be entitled to such treatment in their home Member State, and supplements the rights that patients already have at EU level. Patients may access the healthcare they require in either the public or private healthcare system of another Member State under the CBD. Access to healthcare abroad is based on patients following public patient pathways, i.e. they must demonstrate they have followed the equivalent public patient pathways that a patient would follow if accessing public healthcare in Ireland. It is important to note that reimbursement is confined to the costs of the care itself and that the rates of reimbursement cannot exceed the cost of provision of the care if it were provided in the Irish public health service.
Certain health services, e.g. services of public health, long term care, organ transplantation, etc. are excluded under the CBD.
The HSE operates the CBD in Ireland. Referral for care under the CBD may be made by a GP, a hospital consultant and certain other clinicians. In line with practice in other EU Member States, the HSE through the National Contact Point (NCP) provides information for patients on the CBD on its website which can be accessed at:
hse.ie/eng/services/list/1/schemes/cbd/ and also by phone at 056 7784551. The HSE advises where a patient is in any doubt as to the need to seek prior authorization before availing of a consultation or treatment abroad to contact the NCP.
The HSE also operates the Treatment Abroad Scheme (TAS) for persons entitled to treatment in another EU/EEA Member State or Switzerland under EU Regulation (EC) No. 883/2004, as per the procedures set out in EU Regulations (EC) No. 987/2009. The TAS provides for the cost of approved treatments in another EU/EEA member state or Switzerland through the issue of form E112 (IE) where the treatment is:
- Among the benefits provided for by Irish legislation;
- Not available in Ireland; and
- Not available within the time normally necessary for obtaining it in Ireland, taking account of the patient's current state of health and the probable course of the disease.
GPs refer patients to consultants for acute care and it is the treating consultant who, having exhausted all treatment options including tertiary care within the country, refers the patient abroad under the terms of the TAS. The consultant must specify the specific treatment and in making the referral accepts clinical responsibility in relation to the physician and facility abroad where the patient will attend.
Each application is reviewed individually and a decision is made in accordance with the legislation and guidelines and on the basis of a review by clinical experts. Each application is given a formal written decision and where a decision is one of decline, the reason for that decision is clearly outlined and the option of an appeal is afforded. Previous approvals or declines are not used as an influencing factor on subsequent applications. The appeals process is outlined in each decline letter without exception. Where on appeal a decline decision is upheld, the appeal decision letter advises that the applicant can make a further appeal to the Office of the Ombudsman. Full details on the scheme can be found on the HSE website at: hse.ie/treatmentabroadscheme.
274. Deputy Sean Sherlock asked the Minister for Health the reason for staff shortages in home help support staff in Cork city and county; the number of home help support staff employed by the HSE in Cork city and county; the number of staff engaged in administration activities for home help support staff; and the funding allocated to the division. [29489/18]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
275. Deputy Paul Murphy asked the Minister for Health if the forthcoming legislation to enact Parts 2 and 3 of the Children and Family Relationships Act 2015 will be drafted to include parents who have conceived through artificial insemination at home and same-sex male couples; and if he will make a statement on the matter. [29495/18]
View answerThe Children and Family Relationships Act 2015 reforms and updates family law to address the needs of children living in diverse family types and the commencement of Parts 2 & 3 of the Act is the responsibility of the Minister for Health. During the preparation of regulations to facilitate the commencement of Parts 2 & 3 of the Act a number of technical drafting issues came to light that required amendments to the Act of 2015 through primary legislation.
I received Government approval on Tuesday 26 of June to draft an amendment Bill to remedy these defects in the Act of 2015. I hope to be in a position to introduce this legislation into the Dail as soon as possible and commence Parts 2 & 3 of the Children and Family Relationships Act in the autumn.
The Children and Family Relationships Act specifically relates to procedures where the intending mother is also the birth mother. As such this Act does not encompass surrogacy. Provisions relating to the regulation of surrogacy are included in Part 6 of the General Scheme of the Assisted Human Reproduction Bill 2017.
The Government approved the drafting of a Bill on assisted human reproduction (AHR) and associated areas of research, which will be based on the published General Scheme, in October last year. Officials in my Department are engaging with the Office of the Attorney General in relation to the process of drafting this Bill. The General Scheme is published on my Department’s website and the Joint Committee on Health is currently conducting a review of the General Scheme of the Assisted Human Reproduction Bill 2017 as part of the pre-legislative scrutiny process, which began in January of this year.
276. Deputy Catherine Murphy asked the Minister for Health the number of appeals handled by the disability appeals officer in 2016, 2017 and to date in 2018 regarding assessments of needs; the number of determinations made against the complaints officer to remedy the applicants grievances regarding assessments of needs in 2016, 2017 and to date in 2018; and if he will make a statement on the matter. [29499/18]
View answerThe Disability Appeals Officer received 118 appeal applications in 2016 with 12 applications carried over from 2015. In 2017 there were 61 new applications received, 48 cases were carried over from 2016 giving a total of 109 to be processed. In 2016, 65 determinations issued 64 of which were upheld in favour of the appellant. In 2017 84 determinations were made, 82 of which were up help in favour of the appellant.
To date in 2018 69 new applications have been received by the Disability Appeals Officer and 37 determinations have issued.
The majority of the appeals received relate to delays in the completion of the Assessment of Need process by the HSE.
