Dinny McGinley (Donegal South West, Fine Gael) | Oireachtas source

I thank Senator Moran for raising this matter and for giving such a comprehensive description of this young man's situation.

The HSE operates the treatment abroad scheme, TAS, for persons entitled to treatment in another EU/EEA member state or Switzerland under EU Regulation 883/04, as per the procedures set out in EU Regulation 987/09 and in accordance with the Department of Health guidelines. Within these governing EU regulations and the Department of Health guidelines, the TAS provides for the cost of approved treatments in another EU/EEA member state or Switzerland through the issue of form S2, formally known as an El12.

The TAS allows for an Irish-based medical consultant to refer a patient who is normally resident in Ireland for treatment in another EU/EEA member state or Switzerland, where the treatment in question meets certain criteria, is not available within the State or is not available within a time normally necessary for obtaining it. Following clinical assessment, the referring consultant certifies the following: the treatment is medically necessary and will meet the patient's needs; the treatment is a proven form of medical treatment and is not experimental or test treatment; the treatment is in a recognised hospital/institution and is under the control of a registered medical practitioner; and the hospital outside the State will accept EU/EEA form S2. The application to refer a patient abroad has to be assessed by the HSE normally within 15 to 20 working days and a determination given before that patient goes abroad. Appointments should not be scheduled prior to a decision being reached on an application.

The situation with this particular case is that the TAS of the HSE received an application from the person involved and issued a letter informing him that, in line with the governing EU regulations and Department of Health guidelines, his application did not meet the criteria for the scheme. This decision was confirmed in a review of the case by the general manager of the TAS. In order to advance this case, a letter was issued by the TAS to the person concerned following the review.

The letter recommended that he seek a referral to the tertiary services in Ireland in the first instance and confirmed that should his consultant identify a treatment, as opposed to a request for a second opinion, then he is free to re-apply accordingly. The HSE is not permitted to transfer a patient's care abroad without recourse to the EU regulations referred to above. Until the HSE receives a valid application from the person it is not possible to progress the matter any further at this stage.