The provision for the €100 charge to patients who avail of the services at an Emergency Department is made under the Health (Out-Patient Charges) Regulations 2013. There are certain exemptions from the charge which include, a person with full eligibility (i.e. a medical card holder), a person who has a letter of referral from a registered medical practitioner and a person whose attendance results in admission as an in-patient. There are no exemptions provided for in the Regulations for patients who attend at the Emergency Department and then decide to leave without availing of any further services.
Under Section 6 of the Health Service Executive Governance Act 2013, the Minister may not make a direction to the Health Service Executive in respect of any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge.