The Health Act 1970 (as amended) provides that all persons ordinarily resident in the country are entitled, subject to certain charges, to public in-patient hospital services and to public out-patient hospital services. Section 55 provides that the HSE may provide private in-patient services to persons who are not entitled to, or who do not have or have waived eligibility to public in-patient services. An essential element of the eligibility arrangements is that the public or private status of a patient must be specified on admission to hospital.
Where a patient elects to be treated privately by a consultant the hospital must treat that patient as a private patient. Persons who opt to be private on admission to hospital are liable for the fees of all consultants involved in his or her care and for hospital charges under Section 55 for that episode of care. Taking out health insurance is optional. People who do not take out, or who choose not to utilise, their health insurance continue to have the same entitlement to services in the public hospital system. 46% of the Irish population has private health insurance and many people opt to be treated privately. The main benefits cited by people for having private health insurance are the choice of consultant and hospital.