S.I. No. 368/2002 - Health Services Regulations, 2002

The Minister for Health and Children, in exercise of the powers conferred on him by Section 5 of the Health Act, 1947 (No 28 of 1947) and Sections 17 , 59 and 72 of the Health Act, 1970 (No 1 of 1970) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( SI No 308 of 1997 ) and with the consent of the Minister for Finance hereby makes the following Regulations.

1.       These Regulations may be cited as the Health Services Regulations, 2002.

2.       These Regulations shall come into operation on 1 August 2002.

3.       The Health Services Regulations, 2001 ( SI No 66 of 2001 ) are hereby revoked.

4.       Regulation 6 of the Health Services Regulations, 1972 ( SI No 88 of 1972 ) shall be substituted by the following Regulation -

“6(1)    The period determined for the purposes of section 59(2) of the Act, shall begin on the first day of any month and end on the last day of that month and the amount determined for the purposes of that sub-section shall be €65.

(2)       Where the cost of supplying a person or his or her dependants for the relevant period with drugs, medicines and medical and surgical appliances obtained on the prescription of a registered medical practitioner for the treatment of that person or his or her dependants exceeds €65, the amount met by the health board shall be the amount by which the cost exceeds €65.

(3)       Any function in relation to a health board as respects an arrangement under this article shall be a function of the chief executive officer of the board.”

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations replace article 6 of the Health Services Regulations, 1972 and revoke the Health Services Regulations, 2001.

These Regulations provide for the refund of the amount by which expenditure on prescribed medicines or medical and surgical appliances exceeds €65 in any calendar month.