Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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371. To ask the Minister for Health the steps he will take to facilitate a person's (details supplied) need to travel to the UK; and if he will make a statement on the matter. [50100/17]

Simon Harris (Wicklow, Fine Gael)
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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 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. The TAS provides for the cost of approved treatments in another EU/EEA member state or Switzerland through the issue of form E112 (IE) where the treatment is:

- Among the benefits provided for by Irish legislation;

- Not available in Ireland; and

- 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.

GPs refer patients to consultants for acute care and it is the treating consultant who, having exhausted all treatment options including tertiary care within the country, refers the patient abroad under the terms of the TAS. The consultant must specify the specific treatment and in making the referral accepts clinical responsibility in relation to the physician and facility abroad where the patient will attend.

Applications to the TAS are processed and a determination given in accordance with the statutory framework prior to a patient travelling to avail of treatment. The statutory framework stipulates the patient must be a public patient and is required to have followed public patient pathways. Information on the TAS can be accessed on the HSE website at www.hse.ie/eng/services/list/1/schemes/treatmentabroad/and also by phone at 056 7784551.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.