Leo Varadkar (Dublin West, Fine Gael)
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Question 303: To ask the Minister for Health and Children in respect of women who were exposed to contaminated anti-D but tested negative on the ELISA test yet are suffering symptoms consistent with Hepatitis D, the way the legislative changes to the Health (Amendment) Act 1996 made in 2002 and 2006 affected the right of these women to secure a Health (Amendment) Act medical card; if she will consider changing the legislation to provide a HAA card to these women; and if she will make a statement on the matter. [14972/10]

Mary Harney (Dublin Mid West, Independent)
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The entitlement of an individual to services under the Health (Amendment) Act, 1996 now rests with the Chief Executive Officer of the Health Service Executive (HSE). In respect of persons who have made an application after 20th June 2006, the legal position is clear and unambiguous. The Chief Executive Officer is bound by the definition of eligibility inserted in the Health (Amendment) Act 2006 by section 6 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received after the specified date.

In respect of persons who made an application before that date, the Chief Executive Officer is still obliged to satisfy himself that the applicant was infected with Hepatitis C. In that regard, I have asked the HSE to take account of any relevant decision of the Hepatitis C & HIV Compensation Tribunal on the basis that the Tribunal arrives at its decisions after careful consideration of expert testimony.

I have given a great deal of consideration to the issue of women who have neither a positive test result nor a positive Tribunal decision in their favour and I am very sympathetic to the women in question. However, I have to take into account the rationale which led to the clarification of eligibility requirements in 2006 and accordingly, I cannot support any dilution of the current eligibility requirements. If the Deputy has a specific case in mind, I am happy for him to forward the details of this case to me.

I should point out that the women in question are entitled to apply for a regular medical card. Application forms for a medical card are available from the HSE's local health offices. The HSE has discretion to award a medical card to a person whose income is over the financial guidelines, where the HSE decides that the financial burden of medical or other exceptional circumstances would cause undue hardship.