asked the Minister for Health whether any machinery exists whereby a health authority may recover the cost of hospitalisation provided for a person injured in an accident, who has succeeded in a claim for damages, and, if not, whether he proposes to amend the Health Acts to facilitate such recovery.
Ceisteanna—Questions. Oral Answers. - Hospital Charges in Accident Cases.
As regards the first part of the question, there is provision under Section 174 of the Road Traffic Act, 1933, for a hospital authority to recover direct from the guilty party in a road accident certain sums in respect of the cost of treating an injured person.
There is no similar provision as respects other accidents.
It is not proposed at present introducing legislation to amend the Health Acts for the purpose mentioned, but the matter is being kept under review.
Is it not a fact that if a health authority makes a payment to a hospital in a case such as is envisaged in the question, the hospital must in fact accept whatever payment is made in full discharge of its claims and, consequently, it is not in a position to make any claim under the Road Traffic Act?
That is a very indefinite and vague question and I could not commit myself to an answer one way or the other. The Deputy says "if a local authority makes a certain payment". It all depends on what the payment is.
Is it not a fact that a payment made by a local authority under the provisions of the Health Act must be accepted by the hospital in full discharge as, otherwise, the payment will not be made? Am I not correct in that?
I doubt if the Deputy is correct because under Section 174 of the Road Traffic Act a hospital authority has a direct right to claim against the injured person when damages are awarded to him.
Does the Minister consider "guilty party" is the correct phrase to use when only civil negligence is involved?
Is the Minister aware that, if machinery does not exist for a health authority to recover in such circumstances as these, the net result may be that the ratepayers are subsidising insurance companies?
Is that what the Deputy is trying to bring out?
It is one of the points I have in mind.
The position is not precisely as the Deputy has stated. The position is that in 1933 there was a Government sufficiently farsighted to bring in a section in the Road Traffic Act which gave to hospital authorities the right to recover damages against the responsible person.
They were farsighted only in spots.
The Deputy did not overtake us because he did not amend it. However, the matter is, as I have told the Deputy, under review and when we are satisfied something practical can be done it will be done.
With your permission, Sir, I would like to raise this question on the adjournment.
I shall communicate with the Deputy