Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020
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PART 2 Arrangements in relation to Health Services | ||
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Arrangements in relation to health services | ||
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5.The Health Act 1970 is amended by the insertion of the following Part after Part IV: | ||
“PART IVA | ||
Arrangements in relation to Health Services | ||
Arrangements in relation to health services | ||
75A. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to carry out any reciprocal or other arrangements made with, or under the proper authority of, the Government of the United Kingdom in respect of health services that will apply between the State and the United Kingdom after the end of the transition period. | ||
(2) Without prejudice to the generality of subsection (1), an order under that subsection may specify— | ||
(a) the category or categories of persons to whom the order applies, and | ||
(b) the category or categories of health services to which the order applies. | ||
(3) When making an order under subsection (1), the Minister shall have regard to the following: | ||
(a) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom to the protection of the Common Travel Area and associated reciprocal rights and privileges as a legitimate and fundamental public policy, and recognising healthcare arrangements as a component of this; | ||
(b) the policies and objectives of the Government to reaffirm the Common Travel Area arrangements and the associated reciprocal rights and privileges enjoyed by Irish and British citizens in each other’s state, in particular the right for citizens residing in either state to access emergency, routine and planned publicly funded health services in each other’s state, on the same basis as citizens of that state; | ||
(c) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom that residents of the State and the United Kingdom should enjoy ease of access to healthcare in the other state; | ||
(d) the policies and objectives of the Government to enable arrangements in relation to health services to be implemented between the State and the United Kingdom after the end of the transition period; | ||
(e) the desirability, in the public interest, of maintaining access to health services in the United Kingdom after the end of the transition period, in particular the desirability of maintaining access to medically necessary health services; | ||
(f) the need to ensure the most beneficial, effective and efficient use of resources; | ||
(g) the policies and objectives of the Government to protect and improve the health and welfare of the public. | ||
(4) In this section, ‘transition period’ means the transition period provided in Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Agency Community3 . | ||
Regulations to give full effect to this Part | ||
75B. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following: | ||
(a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State; | ||
(b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom; | ||
(c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom; | ||
(d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom; | ||
(e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom; | ||
(f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments shall be made by the Health Service Executive to the United Kingdom; | ||
(g) the charging by the Health Service Executive for the provision of health services provided in the State to persons from the United Kingdom and the method in relation to which charges for such health services shall be calculated and levied; | ||
(h) the manner in which payments in respect of charges referred to in paragraph (g) shall be made to the State by individuals and by the United Kingdom; | ||
(i) the method by which payments are to be made by the State in respect of health services provided in the United Kingdom and the manner in which such payments shall be made by the State to the United Kingdom; | ||
(j) the method by which charges are to be levied by the State on the United Kingdom in respect of health services provided by or on behalf of the Health Service Executive in the State and the manner in which payments shall be made by the United Kingdom to the State; | ||
(k) the class or classes of persons in respect of whom payments shall be made by the State or the United Kingdom, including the methodology used to estimate the number of persons concerned; | ||
(l) the category or categories of health services in respect of which payments or provision may be made; | ||
(m) the arrangements that shall apply with regard to payments to be made by the State to the United Kingdom and with regard to payments to be made by the United Kingdom to the State, including the methodology for calculating costs and the levels of reimbursement; | ||
(n) the basis on which the Health Service Executive may reimburse persons in respect of the cost of health services received and paid for by those persons in the United Kingdom; | ||
(o) such forms as may be necessary for the purposes of paragraphs (a) to (n); | ||
(p) such other related, ancillary, transitional or consequential matters as the Minister considers appropriate. | ||
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may— | ||
(a) apply either generally or to a specified class or classes of persons, and | ||
(b) apply either generally or to a specified class or classes of health services. | ||
(3) A person who contravenes a provision of regulations made under subsection (1) that is declared in the regulations to be a penal provision shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or both. | ||
Orders and regulations | ||
75C. Every order and regulation under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”. | ||