Ciara Conway (Waterford, Labour)
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Question 64: To ask the Minister for Health if the Health Service Executive has received back 20% of moneys owed by hospital consultants who failed to keep to a commitment to limit numbers of private patients treated in order to prioritise public patients; the amount of this money that has been paid back by the 15 September deadline; when the balance is expected to be paid in full; the measures being taken to retrieve the full amounts; the penalties that will be incurred by those who do not repay the moneys owed; the steps that will be taken to avoid a similar situation in future; and if he will make a statement on the matter. [32711/11]

James Reilly (Dublin North, Fine Gael)
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Consultant Contract 2008 provides that where a consultant is in excess of the agreed ratio of private to public patients and does not bring his or her practice back into line he/she will be required to remit private practice fees in excess of the ratio to the research and study fund under the control of the Clinical Director. To date the HSE has received no payments to the research and development fund from the limited number of consultants who have been asked to remit fees.

In January and February 2011 the HSE issued invoices to 12 consultants who were recorded as being significantly in excess of the agreed private practice ratios indicating that failure to comply with the request to remit funds arising from breach of the ratios would result in an instruction to cease charging private patients. This followed the completion of a 9-month period provided to each consultant as per Consultant Contract 2008 for them to resolve the issue and query any data issues. Subsequent engagement between the HSE, IHCA and IMO resulted in resolution of the matter in respect of a number of consultants. To date two consultants have been written to informing them that their private practice privileges have been removed due to non-compliance with the public/private provisions of the contract.

Following recent discussions with the medical organisations, the HSE are confident that, given the time provided to consultants to resolve the issues, the systems are in place to ensure that any outstanding issues are resolved and funds are remitted appropriately.