Mattie McGrath (Tipperary, Independent)
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410. To ask the Minister for Health his views on the policy of some hospitals presenting private insurance patient forms to patients to sign when they are not in a fit state to understand the implications of the items they are signing; if he will draw up guidelines for the hospitals to ensure that patients never feel that they have to sign a form until the hospital staff are confident that the patients are in a fit state to both sign and understand the implications of signing such forms; if he will develop a procedure for recourse for patients who feel that they have signed forms when they were not in a fit state of mind to do so and who are now receiving large invoices for care which they received as a public patient (details supplied); and if he will make a statement on the matter. [35863/16]

Simon Harris (Wicklow, Fine Gael)
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Section 55 of the Health Act 1970 (as amended) provides that the Health Service Executive (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. Section 55 also provides for the charging of private in-patients. 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.

It is the case that only those who express their wish to be treated as private patients are subjected to the private charges under Section 55 of the Health Act. It is not the act of having private health insurance which makes a person a private patient but rather the waiving of their eligibility for public hospital services. Where a patient elects to be treated privately by a consultant, the hospital must treat that patient as a private patient.

While everyone ordinarily resident in Ireland is entitled to use a public hospital, an essential element of the eligibility arrangements is that the public or private status of a patient must be specified on admission to hospital. The main benefits cited by people for having private health insurance are the choice of consultant and hospital.

The procedure concerning the issuing of private health insurance forms is a matter for the HSE and I have asked the HSE to reply directly to the Deputy on this matter. However, the HSE has confirmed that it does not have any policy to operate the private in-patient charging in the manner suggested and will investigate any cases brought to its attention.