Mary Lou McDonald (Dublin Central, Sinn Fein)
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724. To ask the Minister for Health the correct protocol in a case where a consultant will not refer a patient for the treatment abroad scheme for treatment that is not available under the Health Service Executive and is only available in the United Kingdom. [20603/15]

Leo Varadkar (Dublin West, Fine Gael)
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The HSE operates the Treatment Abroad Scheme (TAS) for persons entitled to treatment in another EU/EEA member state or Switzerland under EU Regulation (EC) No. 883/2004, as per the procedures set out in EU Regulations (EC) No. 987/2009, and in accordance with Department of Health Guidelines. Patients have the ability to apply to the HSE TAS seeking access to public healthcare outside the state through model form E112. The application requires the patient's Irish based public referring hospital consultant, following clinical assessment, to certify, among other things, that the treatment is medically necessary and will meet the patient’s needs. The treatment must not be available within the State or not available within a time normally necessary for obtaining it.

Department of Health Guidelines require the HSE to ensure that, where a decision is made to refuse an application through model form E112, the applicant is advised of their right to appeal the decision and that an appropriate process is in place to deal with that appeal. Notwithstanding, the Minister for Health has no role in the clinical decision made regarding the treatment of a patient by his/her consultant. A patient is, however, entitled to seek a second opinion should he/she so decide.