James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move amendment No. 8:

In page 10, lines 14 and 15, to delete paragraph (c) and substitute the following:

“(c) in subsection (3)--(i) by the substitution of “Where,” for “Subject to section 54, where,”,

and

(ii) by the substitution of “does not avail of or waives his or her right to avail of, some part of those services” for “does not avail of, some part of those services”.”.

Paragraph (c)(i) is a technical amendment, as section 54 of the Health Act was deleted by the Health (Nursing Homes) Act 1990. This deletion of the reference to section 54 was contained in the original Bill. As for paragraph (c)(ii), it always has been the case that where a person does not avail of some part of inpatient services under his or her full or limited eligibility, under section 53 of the Health Act, he or she was deemed not to have full or limited eligibility, as the case may be, for those inpatient services and may therefore be charged accordingly. The insertion of "waives his or her right to avail of, some part of those services" mirrors the language used in section 13 of the Bill and reflects the freedom of choice that patients currently have to access private care if they so wish. I therefore ask Members to support this amendment.

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