Health Act 1970

55

F95 [ In-patient services for persons not entitled, or who have waived entitlement, to services under section 52.

55

55. (1) ( a ) The Health Service Executive may, subject to any regulations made under subsection (3), make available in-patient services for persons who

(i) do not establish entitlement to such services under section 52, or

(ii) are deemed under section 52(3) not to have full eligibility or limited eligibility for such services, or to have waived their eligibility for such services.

( b ) The Health Service Executive shall make a charge in respect of anysuch in-patient services which are provided

(i) in a hospital specified in the Fifth Schedule, or

(ii) in a hospital specified in the Sixth Schedule,

in accordance with the table of charges specified in the Fourth Schedule which relate to the hospital concerned.

(2) ( a ) Where in-patient services are provided by another person on behalf of the Health Service Executive, that person shall make a charge in respect of any such services in accordance with the Fourth Schedule.

( b ) A person who makes a charge in accordance with paragraph ( a ) shall account to the Health Service Executive for all such charges made and monies received in respect of those charges.

(3) ( a ) The Minister may, for the purposes of subsection (1), make regulations prescribing the manner in which any in-patient services provided under this section are to be made available by the Health Service Executive, including the manner in which hospital beds are to be designated and the circumstances in which beds designated for persons who have full eligibility or limited eligibility may be occupied by persons who do not have such eligibility or are deemed under section 52(3) not to have such eligibility, or to have waived their eligibility for such services.

( b ) Paragraph ( a ) is without prejudice to the operation of section 38 of the Health Act 2004 .

(4) ( a ) The Minister may by regulations prescribe a hospital for the purposes of the Fifth Schedule or the Sixth Schedule and, where the Minister so prescribes, the hospital concerned shall stand specified in the Fifth Schedule or the Sixth Schedule, as the case may be, in accordance with those regulations.

( b ) The Minister may by regulations delete a hospital which stands specified in the Fifth Schedule or the Sixth Schedule from the Schedule concerned.

( c ) In making regulations

(i) prescribing a hospital pursuant to paragraph ( a ), or

(ii) deleting a hospital pursuant to paragraph ( b ),

the Minister shall have regard to the level of medical complexity of the treatments routinely provided to patients as part of in-patient services at the hospital concerned.

( d ) Before making regulations under paragraph ( a ) or ( b ), the Minister shall consult with the Health Service Executive. ]

Annotations

Amendments:

F95

Substituted (1.01.2014) by Health (Amendment) Act 2013 (31/2013), s. 13(1), commenced as per s. 2(2), subject to transitional provision in subs. (2).

Editorial Notes:

E192

Power pursuant to subs. (4) exercised (1.01.2019) by Health Act 1970 (Fifth Schedule) Regulations 2018 (S.I. No. 554 of 2018), in effect as per reg. 2.

E193

Power pursuant to subs. (4) exercised (11.02.2014) by Health Act 1970 (Fifth and Sixth Schedules) Regulations 2014 (S.I. No. 75 of 2014), in effect as per reg. 2.

E194

Power pursuant to section exercised (1.06.1991) by Health Services (In-Patient) Regulations 1991 (S.I. No. 135 of 1991).

E195

Previous affecting provision: section substituted (1.06.1991) by Health (Amendment) Act 1991 (15/1991), s. 6, S.I. No. 134 of 1991; section substituted as per F-note above.