Pádraic McCormack (Galway West, Fine Gael)
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Question 89: To ask the Minister for Health and Children the position regarding the Health Service Executive and the dental surgeons in the HSE western area where a number of dentists are not carrying out work for medical card patients since March 2007; the steps that have been taken to settle this dispute; and if she will make a statement on the matter. [13730/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Dental Treatment Services Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE).

The DTSS Review Group was established in May, 2006 to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the HSE — Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr. Finbar Flood.

During the course of the review, based on legal advice made available to the HSE, an issue arose in relation to the Competition Act, 2002 and the collective negotiation of fees with the IDA. The HSE was advised that the coming together of the DTSS contractors under the auspices of the IDA to negotiate fees would constitute a breach of the Act. The IDA was advised of the legal situation and, in January, 2007, discussions on the fee aspects of the review were temporarily put on hold. Officials of my Department are working with the Attorney General's office to clarify the way forward.