Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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451. To ask the Minister for Health if it is open to patients who have been waiting for scoliosis surgery to correct spinal curvature, and whose condition is deteriorating, to access the treatment abroad scheme; and if he will make a statement on the matter. [40525/15]

Leo Varadkar (Dublin West, Fine Gael)
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The HSE operates a Treatment Abroad Scheme (TAS), for persons entitled to treatment in another EU/EEA member state or Switzerland under EU Regulation 1408/71, as per the procedures set out in EU Regulations 574/72, and in accordance with Department of Health Guidelines. Patients, in conjunction with their Irish based public referring hospital consultant, have the ability to apply to the HSE TAS seeking access to public healthcare outside the state through model form E112. The treatment must not be available within the State or not available within a time normally necessary for obtaining it. Applications to TAS are processed and a determination given in accordance with the statutory framework prior to a patient travelling to avail of treatment.

The TAS allows for an Irish based medical consultant to refer a patient that is normally resident in Ireland for treatment, in a public hospital, in another EU/EEA member state or Switzerland, where the treatment in question meets the following criteria:

(a) The application to refer a patient abroad has been assessed and a determination given before that patient goes abroad.

(b) Following clinical assessment, the referring Consultant certifies the following:

- They recommend the patient be treated in another EU/EEA country or Switzerland;

- The treatment is medically necessary and will meet the patient’s needs;

- The treatment is a proven form of medical treatment and is not experimental or test treatment;

- The treatment is in a recognised hospital or other institution and is under the control of a registered medical practitioner;

- The hospital outside the state will accept EU/EEA form E112 (IE).

Each application to TAS is processed and given a formal written decision. If that decision is one of decline, the reason for that decision is clearly outlined and the option of an appeal is afforded.

The Health Service Executive also operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland under which patients may access healthcare in another EU/EEA member state. More information on the so-called Cross Border Directive is available at