S.I. No. 693/2019 - Health (Out-Patient Charges) Regulations 2019

1. (1) These Regulations may be cited as the Health (Out-Patient Charges) Regulations 2019.

(2) These Regulations shall come into operation on 23 December 2019.

2. In these Regulations, “Act” means the

Health Act 1970

(No. 1 of 1970).

3. (1) A charge shall be made for out-patient services provided under section 56(2) (amended by

section 1

of the

Health (Amendment) Act 1987

(No. 3 of 1987)) of the Act at -

(

a

) an emergency department,

(

b

) an accident and emergency department, or

(

c

) a casualty department.

(2) The charge referred to in paragraph (1) shall, subject to Regulation 5, be €100, payable by each person who avails of the services concerned, but such charge shall be made only in respect of the first occasion the service is provided in relation to each episode of care.

4. (1) A charge shall be made for out-patient services provided under section 56(2) (amended by

section 1

of the

Health (Amendment) Act 1987

) of the Act at -

(

a

) a minor injury unit,

(

b

) an urgent care centre,

(

c

) a local injury unit, or

(

d

) any other facility (other than a facility specified in Regulation 3) providing similar services.

(2) The charge referred to in paragraph (1) shall, subject to Regulation 5, be €75, payable by each person who avails of the services concerned, but such charge shall be made only in respect of the first occasion the service is provided in relation to each episode of care.

5. The charges referred to in Regulations 3 and 4 shall not be payable by -

(

a

) a person with full eligibility,

(

b

) a woman receiving the services concerned in respect of motherhood,

(

c

) a child up to the age of 6 weeks,

(

d

) a child, referred to in section 56(3) of the Act, in respect of diseases and disabilities of a permanent or long term nature prescribed by the Minister with the consent of the Minister for Public Expenditure and Reform,

(

e

) a child, referred to in section 56(4) of the Act, in respect of defects noticed at a health examination held pursuant to the service provided under section 66 of the Act,

(

f

) a person receiving services for the diagnosis or treatment of an infectious disease prescribed under Part IV of the

Health Act 1947

(No. 28 of 1947),

(

g

) a person who is deemed, pursuant to section 45(7) of the Act, to be a person with full eligibility in relation to an out-patient service,

(

h

) a person who has a letter of referral from a registered medical practitioner,

(

i

) a person whose attendance results in admission as an in-patient,

(

j

) a person who, pursuant to section 2 (amended by

section 6

of the

Hepatitis C Compensation Tribunal (Amendment) Act 2006

(No. 22 of 2006)) of the

Health (Amendment) Act 1996

(No. 15 of 1996), in the opinion of the Health Service Executive, has 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, or

(

k

) a relevant participant, within the meaning of

section 2

of the

Redress for Women Resident in Certain Institutions Act 2015

(No. 8 of 2015).

6. The Health (Out-Patient Charges) Regulations 2017 (

S.I. No. 548 of 2017

) are revoked.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

20 December, 2019.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

20 December, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(

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

)

These Regulations provide for the introduction of a revised lower charge of €75 to apply when out-patient services are provided at a minor injury unit, an urgent care centre, a local injury unit, or any other facility (other than an emergency department, an accident and emergency department, or a casualty department) providing similar services.

The current €100 charge will continue to be made for out-patient services provided at an emergency department, an accident and emergency department, or a casualty department.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

7

th January,

2020.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by

section 5

of the

Health Act 1947

(No. 28 of 1947) and

section 5

6 (amended by

section 7

of the

Health (Amendment) Act 1991

(No. 15 of 1991)) of the

Health Act 1970

(No. 1 of 1970), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations