Alex White (Dublin South, Labour) | Oireachtas source

Part 4 of the Bill sets out statutory procedures for the supply and reimbursement of medicines and other items to patients under the GMS and community drug scheme. Section 19 sets out the action to be taken by the HSE where it makes a relevant decision under section 18 to add or refuse to add an item to the reimbursement list, to remove an item from the list or to retain an item on it. This is part of the procedure and sequence that must be followed.

Section 19(1) provides that as soon as practicable but not later than 14 days after making a relevant decision under section 18, the HSE shall give notice in writing of the relevant decision, together with the reasons for it, to the supplier of the item which is the subject of the relevant decision. Section 19(2) provides that where the HSE has used expert opinions or recommendations in reaching a relevant decision, it shall attach a copy of such expert opinions or recommendations to the notice of the relevant decision provided for the supplier under section 19(1).

Deputy Billy Kelleher proposes to amend section 19(1) to provide that the notice of a relevant decision on an application from a supplier of an item which is the subject of a relevant decision also be supplied to prescribers, pharmacists, the Irish Pharmacy Union and the Irish Medical Organisation. The Deputy further proposes to amend section 19(2) to provide that expert opinions or recommendations provided for suppliers under this subsection also be provided for prescribers and pharmacists. The core of my response to the Deputy's amendment is that as the purpose of section 19 is to outline the actions to be taken by the HSE in giving notice in writing of a relevant decision under section 18 to the supplier of an item or a listed item which is the subject of the relevant decision, I consider that the proposed amendments are not relevant to the section.

Section 17 which has already been agreed to deals in some detail with the establishment of the reimbursement list which will be available and accessible to members of the public, including prescribers and pharmacists. Section 19 deals with a narrower part of the regime where, when an application is made by a supplier, there are certain requirements on the HSE to revert to it within particular time periods on any particular decision it makes. I am satisfied that the requirement under section 17 for the HSE to publish the reimbursement list on its website addresses the Deputy's concerns about the information flow he regards as being important in the operation of the system. I agree with him on that point and that is the purpose of section 17.

The current practice whereby monthly updates to the list, highlighting both additions and deletions, are published on the HSE website will continue. In addition, the HSE supplies the Irish Pharmacy Union directly with an updated list on a monthly basis. In the circumstances I do not propose to accept the amendments, as they are not relevant to section 19. The very reasonable issues and legitimate questions raised by the Deputy are adequately dealt with in section 17.

See this speech in context