Tommy Broughan (Dublin Bay North, Independent)
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262. To ask the Minister for Health when a person (details supplied) in Dublin 5 will be scheduled for an urgent spinal fusion operation required; if the person can access the required, urgent treatment in the United Kingdom; and if he will make a statement on the matter. [8020/16]

Leo Varadkar (Dublin West, Fine Gael)
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The HSE operates two schemes for those seeking healthcare treatment outside of this State. I understand that the HSE has yet to receive an application for either scheme from this individual. Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The HSE operates a Treatment Abroad Scheme (TAS) for treatment in another EU/EEA Member State or Switzerland. Subject to the EU Regulations and Guidelines, the TAS provides for the cost of approved treatments through the issue of form E112 (IE) where the treatment is: among the benefits provided for by Irish legislation; not available in Ireland, and/or not available within the time normally necessary for obtaining it in Ireland, taking account of the patient's current state of health and the probable course of the disease. Under the TAS, an Irish based referring consultant must carry out a clinical assessment and certify that the treatment is: medically necessary and will meet the patient’s needs; a proven form of medical treatment and not experimental or test treatment; and provided in a recognised hospital or other institution that will accept EU/EEA form E112 (IE) and is under the control of a registered medical practitioner.

The Health Service Executive also operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland. The Cross Border Directive (CBD) allows Irish residents to avail of reimbursement for healthcare services in other EU or EEA Member States that they would be entitled to within the public health system in Ireland, which is not contrary to Irish legislation. The costs must be borne by the individual and he/she then seeks reimbursement for the cost of the healthcare upon return to Ireland. The cost of the services availed of under the CBD will be reimbursed at the cost of the service in the country where it is availed of or the identified cost here in Ireland, whichever is the lesser.

The HSE provides information on these schemes on its website, including application forms and contact details - and .