Written Answers Nos. 239-253
239. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs to set out the number of young persons who have either left care or are expected to leave care in the near future and who are currently awaiting the allocation of an aftercare worker; and if he will make a statement on the matter. [8317/16]
Amharc ar fhreagra240. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs to set out the number of young persons allocated an aftercare worker in line with their needs following exit from care over the past three years to date; the number of young persons who have exited care not allocated an aftercare worker in the same period; and if he will make a statement on the matter. [8318/16]
Amharc ar fhreagraI propose to take Questions Nos. 239 and 240 together.
Aftercare is the term used to describe the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him/her in making the transition to independent living. An aftercare programme is based on assessed need, and an aftercare worker will arrange for various supports, including support for accommodation, and accessing training and education as required. Aftercare workers are provided both by the Child and Family Agency, Tusla, as well as through commissioned services from community, voluntary and private organisations. It should be noted that young adults leaving care at 18 years are not obliged to avail of an aftercare service, and those that choose not to engage are encouraged and supported to avail of the services at any stage up to the age of 21 years. Young people eligible for an aftercare service are those aged 16 years or over, who have spent at least 12 months in the care of the State between the ages of 13 and (up to) 18 years old.
Tusla reports that at the end of March, 2015, the vast majority of 18-22 years olds in receipt of an aftercare service were residing in some form of stable accommodation. In fact, 45% of those care leavers remained living with their foster carers, 23% were living independently, 11% returned home, 4% were living in supported lodgings and 5.5% were living in residential centres. Only a small minority (11.5%) were living in other types of less stable accommodation.
Each care leaver, as part of their aftercare plan has an individual financial support plan. This forms part of an assessment of need which takes account of sources of financial support from all Government Departments and statutory agencies. Tusla has introduced a Standardised National Aftercare Allowance for all care leavers engaged in training and education. This allowance is inclusive of educational grants, training allowances, and other state payments bringing the total received by the young person to €300 per week. The introduction of this allowance means that young people who remain living with their previous foster carers and young people who live independently, who are engaged in training, education or employment now receive the same financial support from Tusla. Many young people in independent living have benefitted from an increase in their allowance as a result of this measure.
Advice, guidance, support and signposting are key elements of the supports available to care leavers. For those young people who are not in training or education, aftercare services have a key role in providing support to them in liaising with the relevant departments and agencies in accessing financial assistance, employment opportunities, training or supporting them to return to education. Those who are unemployed, and not engaged in training or education, can apply for jobseeker's allowance from the Department of Social Protection. The jobseeker's allowance payable to care leavers is the full rate and not the reduced rate normally payable to those under 25.
At the end of December 2015 there were approximately 1,763 young people aged 18 to 22 years in receipt of an aftercare service, with 58% in full-time education or training.
The numbers of 16 and 17 year old young people in care with an aftercare worker and the numbers of young people discharged from care at 18 years with an aftercare worker are new metrics which were not collected nationally prior to 2015. The following Table 1 demonstrates the total number of young people discharged from care in 2015 by reason of reaching 18 years, and shows those eligible for an aftercare service and the numbers with and without an allocated aftercare worker.
Table 1: No. of Children discharged from care with/without aftercare worker
|
AfterCare Data Jan to Dec 2015 |
The number of Children in Care discharged at 18 |
No. eligible for an Aftercare service |
No. with allocated aftercare worker |
No. w/o allocated aftercare worker |
|
Dublin Mid Leinster |
168 |
152 |
121 |
31 |
|
Dublin North East |
122 |
120 |
101 |
19 |
|
South |
160 |
159 |
134 |
25 |
|
West |
92 |
89 |
85 |
4 |
|
Total |
542 |
520 |
441 |
79 |
The following Table 2 shows the total number of young people in care on the 31st December 2015 aged 16 and 17 years who have an allocated aftercare worker.
Table 2: No. of 16 &17 year olds in care with an aftercare worker on 31/12/2015
|
Aftercare 31 Dec 2015 |
No. of 16 and 17 year olds in care |
No. with allocated aftercare worker |
% with allocated aftercare worker |
|
Dublin Mid Leinster |
259 |
100 |
39% |
|
Dublin North East |
248 |
71 |
29% |
|
South |
329 |
81 |
25% |
|
West |
212 |
93 |
44% |
|
Total |
1,048 |
345 |
33% |
241. Deputy Eoin Ó Broin asked the Minister for Children and Youth Affairs to set down the cost of implementing the recommendations of the interdepartmental group on future investment in early years and school-age care and education report regarding subvented child care provision in tabular form across all bands. [8390/16]
Amharc ar fhreagraMy Department currently administers four targeted childcare programmes to support low income families. These are:
1. Community Childcare Subvention (CCS) Programme
2. Childcare Education and Training Support (CETS) Programme
3. After-School Childcare (ASCC) Programme
4. Community Employment Childcare (CEC) Programme
The combined budget for 2016 of these programmes is €70m.
The recent Report of the Inter-Departmental Group (IDG) on Future Investment in Childcare considered these targeted childcare programmes as part of their work. As these programmes are very complex to administer and have differing access and eligibility rules, the IDG made recommendations for their reform. It was recommended that these programmes be merged into one single targeted childcare programme. The Report proposed that parents will apply for a childcare subsidy if both parents (and one parent in the case of a one-parent family) are either working, studying or on an approved training course with eligibility for a childcare subsidy under the new programme being determined by income only. It also proposed that childcare subsidies provided under this programme would be available, through registered childcare providers only, to children from birth - 12 years of age, thus covering pre-school, after school and out-of-school childcare.
The Inter-Departmental Group set out a number of options which are detailed in the following tables. In option 1-4 the hourly fee structure is €4.25 for basic services or €5.00 for services meeting higher qualification requirements. In options 5-8 the hourly fee structure is €4.50 for basic services and €5.50 for services meeting higher qualification requirements.
Table 1: Indicative fees and parental contributions
|
- |
Fee Charged |
Maximum Hourly Parental Contribution |
|||||
|
- |
Basic Capitation |
Higher Capitation |
Band A |
Band B |
Band C |
Band D |
Band E |
|
Fee structure 1: Option 1 |
€4.25 |
€5.00 |
€1.00 |
€2.00 |
€3.00 |
€4.00 |
€4.25 |
|
Option 2 |
€4.25 |
€5.00 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€4.25 |
|
Option 3 |
€4.25 |
€5.00 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€4.00 |
|
Option 4 |
€4.25 |
€5.00 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€3.75 |
|
Fee structure 2: Option 5 |
€4.50 |
€5.50 |
€1.00 |
€2.00 |
€3.00 |
€4.00 |
€4.50 |
|
Option 6 |
€4.50 |
€5.50 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€4.50 |
|
Option 7 |
€4.50 |
€5.50 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€4.00 |
|
Option 8 |
€4.50 |
€5.50 |
€0.75 |
€1.50 |
€2.25 |
€3.00 |
€3.75 |
The number of children assigned to Bands A, B, C, D and E represent the number of children at or below 60%, 70%, 80%, 90% and more than 90% of the median equivalised disposable nominal household income respectively. An administrative cost of running the scheme is also included at 1.5% of the overall cost.
Table 2 sets out the cost of each of these options based on Stage 1 (targeted and tapered provision) and Stage 2 (tapered but some subvention for all families) for each of the above options.
Stage 1:
- Option 1: has a tapered contribution from parents in Bands A-D starting at €1 per hour to €4 per hour.
- Option 2: has a tapered contribution from parents in Bands A-D starting at €0.75 per hour to €3 per hour.
- Options 5-6 set out similar parental contributions with a higher fee structure Fee Structure 2.
Stage 2:
- Option 1: has a tapered contribution from parents in Bands A-D starting at €1 per hour to €4 per hour. Band E parents pay the full basic rate i.e. price cap but no subvention.
- Option 2: has a tapered contribution from parents in Bands A-D starting at €0.75 per hour to €3 per hour. Band E parents pay the full basic rate i.e. price cap but no subvention.
- Option 3: has a tapered contribution from parents in Bands A-D starting at €0.75 per hour to €3 per hour. Band E paying €4.00 per hour (i.e. €0.25 per hour subvention and price cap).
- Option 4: has a tapered contribution from parents in Bands A-D starting at €0.75 per hour to €3 per hour. Band E paying €3.75 per hour (i.e. €0.50 per hour subvention and price cap).
- Options 5-8 set out similar parental contributions with a higher fee structure (Fee Structure 2).
Table 2: Costs of each option
|
- |
Band A-D (Stage 1) €m |
Band A-E (Stage 2) €m |
||
|
- |
Total Cost |
Additional Cost |
Total Cost |
Additional Cost |
|
Option 1 |
€150 |
€79 |
€156 |
€86 |
|
Option 2 |
€188 |
€118 |
€195 |
€124 |
|
Option 3 |
€236 |
€166 |
||
|
Option 4 |
€244 |
€174 |
||
|
Option 5 |
€167 |
€97 |
€176 |
€106 |
|
Option 6 |
€206 |
€135 |
€214 |
€144 |
|
Option 7 |
€271 |
€200 |
||
|
Option 8 |
€279 |
€208 |
Note that costs indicated include administration costs.
This recommendation of the Inter-Departmental Group was considered by Government during the Estimates process for Budget 2016 and funding to convene a dedicated Design Team to develop a single affordable childcare programme was allocated, with the intention that the single affordable childcare programme will be in place in 2017.
242. Deputy Martin Heydon asked the Minister for Children and Youth Affairs for an update on progress in the delivery of free preschool services and special needs assistants for preschool children with disabilities; whom parents should contact to access these services for September 2016; and if he will make a statement on the matter. [8485/16]
Amharc ar fhreagraI have been conscious for some time of the difficulty experienced by some children with a disability in accessing and benefitting fully from the Early Childhood Care and Education (ECCE) Programme. With this in mind an Inter-Departmental Group, led by this Department, was established in June 2015 with a brief to bring forward recommendations to address this issue.
The Group concluded its work and its recommendations were fully accepted and funded by Government. I announced, as part of Budget 2016, the necessary funding to implement a new practical, workable model for meeting the needs of children with a disability. The model will deliver seven levels of support to enable the full inclusion and meaningful participation of children with disabilities in the ECCE Programme. These are:-
i. An Inclusive Culture: includes training dedicated Inclusion Co-ordinators in pre-schools, and a small capitation increase for particular childcare services to support fully inclusive practice;
ii. Information for Parents and Providers: includes development of a national website and information packs for parents and providers;
iii. A Qualified and Confident Workforce: resourcing formal and informal training for early years practitioners to support more inclusive provision;
iv. Expert Educational Advice & Support: enhancing the Better Start Early Years Specialist Service so that practitioners have prompt access to advice and support from experts in early years education for children with disabilities;
v. Equipment, Appliances and Minor Alterations: the provision of specialised equipment, appliances, or capital grants to fund minor building alterations so that children with disabilities can participate in pre-school;
vi. Therapeutic Intervention: additional resources to enable access to HSE therapeutic services, where these are needed to allow a child enrol, and fully participate in, pre-school;
vii. Additional Assistance: where the supports available at levels 1-6 are not sufficient to meet a child’s needs, additional capitation can be made available to childcare providers to support the pre-school leader to ensure children’s full participation. This could include, for example, buying in additional support, or, in particular circumstances, reducing the staff:child ratio.
Work on the detailed design and implementation of the new model is at an advanced stage. For example, my Department and the Department of Education & Skills has worked with the Higher Education Authority to develop a new higher education special purpose award for early years practitioners which will see up to 900 early years practitioners graduate each year, qualifying them to perform the new role of Inclusion Co-ordinator in their Early Years Care and Education setting. The contract for developing and delivering this higher education programme was recently awarded to a consortium led by Mary Immaculate College, Limerick, in partnership with the Froebel Department in the National University of Ireland, Maynooth and Early Childhood Ireland. The consortium is now planning for the registration of new graduates on a nationwide basis for September 2016. This means that we can expect our first Inclusion Co-ordinator graduates in pre-school settings in September 2017.
Under level 4 of the model, fifty Early Years Specialists are being recruited to deliver the National Access and Inclusion service which will be operational from June 2016. This will be a significant support to providers and parents in planning for enrolment for children with disabilities.
Work is also well advanced across many other elements of the model with a view to introducing the initiative from September 2016. It is intended that service providers and parents will be able to submit applications for supports under the new model from June 2016 onwards to allow them to plan for pre-school enrolment in September 2016 and to ensure that children will begin to benefit from these measures from that point forward.
A dedicated website, hosted by the Department and containing comprehensive information on the new model, will be launched very shortly.
Finally, the Deputy has asked specifically about special needs assistants for pre-school children with disabilities. The new model does not involve the provision of special needs assistants and the Department of Children and Youth Affairs does not fund such services. The HSE does, on an ad hoc basis, make some supports available and it is expected that these arrangements will continue until the new model has been established.
243. Deputy Clare Daly asked the Minister for Health if, under existing legislation or regulations, any sanctions exist for a doctor, consultant or other health care provider who wrongly informs patients that they do not qualify for treatment abroad under the European Union cross-border health care directive. [8071/16]
Amharc ar fhreagraDirective 2011/24/EU on the application of patients’ rights in cross-border healthcare was adopted by both the Council of Ministers and the European Parliament on 9 March 2011. Following this process the provisions of the Directive are transposed by Member States into their legislative framework. The Directive does not contain any provisions relating to the application of sanctions for a doctor, consultant or other healthcare provider, who wrongly informs patients that they do not qualify for treatment abroad under the Directive. The Directive was transposed in Ireland by S.I. 203 of 2014 and S.I. 65 of 2015.
The Medical Practitioners Act 2007 provides that any person can make a complaint about a registered medical practitioner to the Preliminary Proceedings Committee of the Medical Council on a number of grounds including poor professional performance. It is a matter for the Preliminary Proceedings Committee and the Fitness to Practise Committee of the Medical Council to examine the complaint and to hold an inquiry (if there is a prima facia case) and to determine if the allegation is proven.
244. Deputy Sean Fleming asked the Minister for Health when a child psychologist will be made available in County Laois to assess children with autism and other issues; and if he will make a statement on the matter. [8151/16]
Amharc ar fhreagraAs the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact my Private Office and they will follow the matter up with the HSE.
245. Deputy Noel Rock asked the Minister for Health to set down the potential cost to the Exchequer of a reduction in the prescription charge to €1 with a corresponding cap of €10. [8479/16]
Amharc ar fhreagraAs this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.
246. Deputy Finian McGrath asked the Minister for Health to outline his views on correspondence (details supplied) concerning small and medium enterprises; and if he will make a statement on the matter. [8303/16]
Amharc ar fhreagraI am confident that the Public Health (Standardised Packaging of Tobacco) Act 2015 will have a positive impact on health and is a proportionate measure. As the Deputy may be aware, the tobacco industry has argued that standardised packs would be easier to forge and would lead to growth in illicit trade of tobacco products. However, the Revenue Commissioners have advised me that they are satisfied that the standardised packaging legislation will not have a significant impact on their work in relation to illicit trade in tobacco products. Revenue relies on the tax stamp as a key means for them to distinguish between legal and illegal products, irrespective of the way in which the cigarettes are packaged. Tax stamps will remain a fixture on tobacco products following the introduction of standardised packaging, and contain all features possible to minimise the risk of counterfeiting. Combatting the illegal tobacco trade is, and will continue to be, a high priority for the Revenue Commissioners. They have extensive cooperation with An Garda Síochána in combatting the illicit trade, and in addition, cooperation takes place with other revenue administrations and with the European Anti-Fraud office, OLAF, in the ongoing programmes at international level to tackle the illicit trade. It is anticipated that there will not be a significant impact on illicit trade of tobacco as a result of the introduction of standardised packaging.
The Public Health (Alcohol) Bill aims to reduce alcohol consumption in Ireland to 9.1 litres per person per annum by 2020, and to reduce the harms associated with alcohol. The Public Health (Alcohol) Bill provides for restrictions on the display and advertisement of alcohol products in mixed trade retail outlets. Under the Bill, mixed trade retailers can only display and advertise alcohol products in a separate area of the shop or closed storage units. Alcohol may also be sold behind the counter in a closed storage unit.
The general availability of alcohol is an important indicator when assessing alcohol related harm. Alcohol is not an ordinary consumer product and this is recognised by the State through a licensing system and a specific excise tax. However, when it comes to mixed trade retailers, e.g supermarkets and convenience stores, alcohol is frequently displayed like a regular grocery item. The regulation of the way it is displayed for sale, is an important mechanism to highlight the harm it can cause and protect children from overexposure.
Many of the provisions on structural separation are based on existing provisions in the Responsible Retailers of Alcohol Ireland Code. These provisions will replace Section 9 of the Intoxicating Liquor Act, 2008 (which was never commenced). The Public Health (Alcohol) Bill provides more flexibility and choice to retailers in complying with structural separation than Section 9 of the Intoxicating Liquor Act, 2008.
247. Deputy Pearse Doherty asked the Minister for Health to outline the details of the different patient groups and types to which charges for hospital overnight and day inpatient services do not apply; if children with a disability are exempt from charges relating to such hospital stays; and if he will make a statement on the matter. [8039/16]
Amharc ar fhreagraThe HSE makes in-patient services available to specific categories of persons under Section 52 of the Health Act 1970, as amended. In accordance with Section 53 of the Act, the charge in respect of in-patient services is set out in the Health (In-Patient Charges) Regulations 1987 (S.I. No. 116/1987). Regulation 4(1) provides the list of persons exempted from any charge made in respect of in-patient services provided under Section 52 of the Health Act.
Exemption from the in-patient charge is available to: persons with full eligibility (i.e. medical card holders); women receiving services in respect of motherhood; a child up to the age of 6 weeks; children suffering from diseases prescribed under section 52 (2) of the Act; children in respect of defects noticed at a health examination held pursuant to the service provided under section 66 of the Act; persons receiving services for the diagnosis or treatment of infectious diseases prescribed under Part IV of the Health Act, 1947; persons who are subject to a charge under the Health (Charges for In-patient Services) Regulations, 1976; persons who are deemed, pursuant to section 45 (7) of the Act, to be persons with full eligibility in relation to an in-patient service; persons who pursuant to section 2 of the Heath (Amendment) Act, 1996, in the opinion of the chief executive officer of a health board, have contracted hepatitis C directly or indirectly from the use of Human Immunoglobulin-Anti-D or the receipt within the State of another blood product or a blood transfusion.
In respect of diseases prescribed under section 52 (2), the Health Services (Amendment) Regulations 1971 (S.I. No. 277/1971) provides in Regulation 6, "The following diseases and disabilities are hereby prescribed for the purposes of section 52 (2) of the Act: mental handicap, mental illness, phenyl ketonuria, cystic fibrosis, spina bifida, hydrocephalus, haemophilia and cerebral palsy".
248. Deputy Martin Ferris asked the Minister for Health when a person (details supplied) will have an operation. [8041/16]
Amharc ar fhreagraUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
249. Deputy Billy Kelleher asked the Minister for Health to outline the proposals in place to regulate the provision of counselling and psychotherapy services; and if he will make a statement on the matter. [8049/16]
Amharc ar fhreagraThe regulation of the 14 professions currently designated under the Health and Social Care Professionals Act 2005 is being implemented on a phased basis as the registration board and register for each profession is established. Currently 9 of the 14 designated professions have registration boards and registers have been established for 7 of them.
Psychotherapists and counsellors are not currently regulated under the Health and Social Care Professionals Act 2005. However, the Act provides that the Minister for Health may, by regulation, designate a health and social care profession not already designated if he or she considers that it is appropriate and in the public interest to do so and if specified criteria have been met.
In accordance with the Act, the Health and Social Care Professionals Council has been consulted on the question of regulating counsellors and psychotherapists. Its detailed report on the matter is being examined carefully in the Department of Health with a view to deciding the next steps in the coming months. These steps will, I envisage, include a wider round of consultation involving the various professional bodies and other interested parties.
While the profession or professions of counsellor and psychotherapist are not specifically designated under the 2005 Act, there are various regulatory controls on many counsellors and psychotherapists operating in Ireland.
The profession of psychologist, for example, is a designated profession under the 2005 Act which means that those psychologists who are counsellors and/or psychotherapists will begin to be regulated when the Psychologists Registration Board, which is due to be established later this year, opens its register.
Psychiatrists, some of whom practice psychotherapy, are regulated under the Medical Practitioners Act 2007. Also, counsellors/therapists working in the publicly funded health sector are required to have minimum qualifications set by the Health Service Executive under the Health Act 2004.
250. Deputy Seamus Healy asked the Minister for Health to outline his plans to open the new vacant 40-bed unit at Our Lady's County and Surgical Hospital in Cashel, County Tipperary, given the ongoing crisis at South Tipperary General Hospital; and if he will make a statement on the matter. [8051/16]
Amharc ar fhreagraAs this is a service matter it has been referred to the Health Service Executive for direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office and they will follow up the matter with them.
251. Deputy Michael Healy-Rae asked the Minister for Health when a person (details supplied) in County Kerry will receive an operation; and if he will make a statement on the matter. [7998/16]
Amharc ar fhreagraUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
252. Deputy Michael Healy-Rae asked the Minister for Health when a person (details supplied) in County Kerry will receive a hospital appointment; and if he will make a statement on the matter. [8000/16]
Amharc ar fhreagraUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
253. Deputy Michael Healy-Rae asked the Minister for Health to outline the financial assistance available to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [8003/16]
Amharc ar fhreagraThe HSE operates two schemes for those seeking healthcare treatment outside of this State. I understand that the HSE has yet to receive an application for either scheme from this individual. Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The HSE operates a Treatment Abroad Scheme (TAS) for treatment in another EU/EEA Member State or Switzerland. Subject to the EU Regulations and Guidelines, the TAS provides for the cost of approved treatments through the issue of form E112 (IE) where the treatment is: among the benefits provided for by Irish legislation; not available in Ireland, and/or 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. Under the TAS, an Irish based referring consultant must carry out a clinical assessment and certify that the treatment is: medically necessary and will meet the patient’s needs; a proven form of medical treatment and not experimental or test treatment; and provided in a recognised hospital or other institution that will accept EU/EEA form E112 (IE) and is under the control of a registered medical practitioner.
The Health Service Executive also operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland. The Cross Border Directive (CBD) allows Irish residents to avail of reimbursement for healthcare services in other EU or EEA Member States that they would be entitled to within the public health system in Ireland, which is not contrary to Irish legislation. The costs must be borne by the individual and he/she then seeks reimbursement for the cost of the healthcare upon return to Ireland. The cost of the services availed of under the CBD will be reimbursed at the cost of the service in the country where it is availed of or the identified cost here in Ireland, whichever is the lesser.
The HSE provides information on these schemes on its website, including application forms and contact details - http://www.hse.ie/eng/services/list/1/schemes/treatmentabroad/ and http://www.hse.ie/eng/services/list/1/schemes/cbd/.
