Jan O'Sullivan (Limerick East, Labour)
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Question 186: To ask the Minister for Health and Children when agreement will be reached between the Heath Service Executive and chiropodists to ensure that chiropodists and podiatrists can continue to provide a service to public patients; and if she will make a statement on the matter. [4084/08]

Billy Timmins (Wicklow, Fine Gael)
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Question 209: To ask the Minister for Health and Children the position in relation to a situation (details supplied); and if she will make a statement on the matter. [4121/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 186 and 209 together.

There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody services to GMS patients; however in practice arrangements have been made in several regions to provide these services. Before the establishment of the HSE the nature of any arrangements for community chiropody services and the level of service provided were a matter for individual health boards and so a degree of variation in practice developed over time. I understand that priority is usually given to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by private chiropodists by arrangement with the HSE.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

I consider that it is inappropriate for private chiropodists who are providing services on behalf of the HSE to charge patients a top-up fee, and I have conveyed this view formally to the HSE. My Department requested the HSE to review the fee arrangements in place for the provision of chiropody services, with a view to ensuring that such additional fees will no longer be levied on persons in receipt of this service. While considerable work has taken place to develop arrangements which would ensure that no top-up charges are applied, it is necessary to ensure that any such arrangements and the process by which they are arrived at comply with the terms of the Competition Act 2002.

As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the specific matters raised by the Deputies. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have replies issued directly to the Deputies.