Health Act 1970

F149 [ Regulations to give full effect to this Part

75B

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. ]

Annotations:

Amendments:

F149

Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (8/2019), s. 5, S.I. No. 700 of 2020.

Editorial Notes:

E425

Previous affecting provision: section inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 4, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020).