Dáil Éireann díospóireacht -
Tuesday, 12 Nov 2002

Vol. 557 No. 1

Written Answers. - Hospital Charges.

Denis Naughten

Ceist:

359 Mr. Naughten asked the Minister for Health and Children the reason his Department removed the hospital charges waiver scheme for road traffic accidents where the patient was not intending to claim through insurance for the accident; if his attention has been drawn to the impact this will have on the cost of car insurance; and if he will make a statement on the matter. [21422/02]

Minister for Health and Children (Mr. Martin)

The Health (Amendment) Act, 1986, deals with how health boards and hospitals may charge for hospital services to victims of road traffic accidents whether they receive or are entitled to receive damages or compensation from the person liable for the injury. The Department specified that charges be calculated on the basis of the hospital's average daily cost. The average daily cost is calculated by taking the hospital's total annual expenditure, excluding capital, and dividing this by the number of bed days occupied in the year. On 11 July 2001, the Supreme Court ruled that the average daily cost is reasonable, proper and intra vires the Health (Amendment) Act, 1986.

Under the Act, health boards may impose charges on all patients for treatment arising out of injuries sustained in road traffic accidents where compensation is subsequently payable. However, the Act does not withdraw eligibility for public services from road traffic accident victims. It simply allows the health boards to recover the costs of all services provided to them. While bills are generally issued in all RTA cases they are only settled where compensation is received and then forwarded to hospitals. Compensation may be significantly reduced in cases where contributory negligence is established. In the event of a person failing to obtain a compensation award, that person will only be liable for the normal statutory and maintenance charges, where applicable.