Charlie McConalogue (Donegal, Fianna Fail)
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114. To ask the Minister for Health if there are funds available from his Department to assist a person who had surgery carried out privately, within the State, but was previously on the public waiting list; and if he will make a statement on the matter. [32152/16]

Simon Harris (Wicklow, Fine Gael)
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The Health Act 1970 (as amended) provides that all persons ordinarily resident in the country are entitled, subject to certain charges, to public in-patient hospital services and to public out-patient hospital services. Section 55 provides that the HSE may provide private in-patient services to persons who are not entitled to, or who do not have or have waived eligibility to public in-patient services. An essential element of the eligibility arrangements is that the public or private status of a patient must be specified on admission to hospital.

Where a patient elects to be treated privately by a consultant the hospital must treat that patient as a private patient. Persons who opt to be private on admission to hospital are liable for the fees of all consultants involved in his or her care and for hospital charges under Section 55 for that episode of care. The application of a charge by a hospital for private in-patient services is obligatory under the legislation, as it relates to the private service provided. Where private in-patient services are provided the daily private patient charges that apply will depend on the category of hospital (Schedule 5 or 6 of the Health Act) and whether the overnight accommodation was in a single or multi-occupancy room.