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

I am replying on behalf of the Minister for Health who is unavoidably absent. I recognise and acknowledge the heartfelt case made by the Senator on behalf of this patient who has a disease that unfortunately visits most families in this country. I emphasise that the HSE operates a treatment abroad scheme, TAS, for persons entitled to treatment in another EU-EEA member state or Switzerland under EU Regulation 883/04 and Implementing Regulation 987/09 and in accordance with 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.

A decision is made on each application in accordance with this legislation and guidelines and on the basis of a review by clinical experts. The cost of the treatment is not a deciding factor when approving an application. The treatment must not be available in the State or in a time normally necessary for obtaining it.

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

In the case raised by the Senator, the treatment abroad scheme received an application from the person concerned on 4 September for a referral to a clinic in France for oncology treatment not available in Ireland. The application was processed in accordance with the statutory framework, the EU regulation and the Department of Health's 2008 guidance. An approval for the referral to France for the specified treatment was issued, as the Senator has stated, on 5 September to the patient.

The treatment abroad scheme allows for patients to be referred to another EU-EEA country for treatment not available in Ireland and have the cost of the treatment met by the issuing of model form E112 (IE). The person concerned has approval to attend the competent service in France in line with the consultant's application and the referral letter in accordance with the governing statutory framework.

The option of funding treatment in the USA as an alternative to the approval for the services in France will not be considered under the treatment abroad scheme. The person concerned has been informed of this decision. There is no provision under the treatment abroad scheme to fund treatment outside Europe which, as I said, covers the EU-EEA countries and Switzerland. Unfortunately, treatment is at the moment confined to the countries stipulated in the regulations.