HEALTH ACT, 1970

• (a) persons who have attained the age of 70 years;

• (b) dependants of the persons referred to in paragraph (a).

• (2) Subject to subsection (3), the amount of charge under subsection (1A) of section 59 per item supplied to a person to whom this section applies shall be F130[€1.00] or such other amount as may be determined by regulations made by the Minister under this section.

• (3) Subject to subsection (1B)(b) of section 59, the maximum aggregate amount payable in respect of items referred to in subsection (1A) of that section supplied in a month to a person who has attained the age of 70 years and his or her dependants shall be F130[€10.00] or such other amount as may be determined by regulations made by the Minister under this section.

• (4) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations varying either or both of the amounts referred to in subsections (2) and (3), where he or she is of the opinion that such a variation is desirable, having regard to such of the following as he or she considers appropriate:

• (a) information on the consumer price index made available by the Central Statistics Office from time to time;

• (b) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1) of section 59 either generally or to persons to whom this section applies;

• (c) the medical needs of, and the financial burden on, persons to whom this section applies;

• (d) the necessity of controlling expenditure in relation to the provision by the State of health services;

• (e) either or both of the amounts for the time being referred to in subsections (1A) and (1B)(a) of section 59.]

60. Home nursing.

60.—A health board shall, in relation to persons with full eligibility and such other categories of persons and for such purposes as may be specified by the Minister, provide without charge a nursing service to give to those persons advice and assistance on matters relating to their health and to assist them if they are sick.

61. Home help service.

61.—(1) A health board may make arrangements to assist in the maintenance at home of—

• (a) a sick or infirm person or a dependant of such a person,

• (b) a woman availing herself of a service under section 62, or receiving similar care, or a dependant of such a woman,

• (c) a person who, but for the provision of a service for him under this section, would require to be maintained otherwise than at home,

either (as the chief executive officer of the board may determine in each case) without charge or at such charge as he considers appropriate.

• (2) In making a determination under subsection (1), the chief executive officer of a health board shall comply with any directions given by the Minister.

61A. F131[Information to be provided to Health Service Executive by home care providers.

61A.—(1) A home care provider shall give notice in writing to the Health Service Executive, as soon as it is practicable for the provider to do so, of—

• (a) the name and address of the provider,

• (b) the name and address of each person to whom the provider provides home care services,

• (c) the nature of such services so provided, and

• (d) particulars of any change to information previously given by the provider to the Executive under any paragraph (including this paragraph) of this subsection.

• (2) The Health Service Executive may, for statistical purposes, retain and process information given to it under subsection (1) and may publicly disclose—

• (a) any particulars of home care providers who are legal persons, or

• (b) any statistics arising from such retention and processing of such information.

• (3) In this section—

"home care provider" means a natural or legal person who, whether or not pursuant to arrangements referred to in section 61(1), provides, at a charge, home care services;

"home care service" means a service made available in a private dwelling for a person who, by reason of illness, frailty or disability, is unable to provide the service for himself or herself without assistance;

"private dwelling", in relation to a person referred to in the definition of "home care service", means a permanent dwelling that is not open to the general public to visit unless invited and where that person habitually resides.]

Chapter IV Services for Mothers and Children

62. Medical and midwifery care for mothers.

62.—F132[(1) A health board shall make available medical, surgical and midwifery services for attendance to the health of women in respect of motherhood.

• (1A) The services referred to in subsection (1) shall be provided otherwise than as in-patient services.

• (1B) A health board shall not charge for the services provided under subsection (1).]

• (2) A woman entitled to receive medical services under this section may choose to receive them from any registered medical practitioner who has entered into an agreement with the health board for the provision of those services and who is willing to accept her as a patient.

• (3) When a woman avails herself of services under this section for a confinement taking place otherwise than in a hospital or maternity home, the health board shall provide without charge obstetrical requisites to such extent as may be specified by regulations made by the Minister.

62A. F133[Services for women in accordance with Act of 2018.

62A.—(1) The Health Service Executive shall make available without charge medical, surgical and midwifery services for the purpose of termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Act of 2018 for women who are ordinarily resident in the State.

• (2) The services referred to in subsection (1) shall be provided otherwise than as in-patient services.

• (3) A woman entitled to receive services under this section may choose to receive them from any person who has entered into an agreement with the Health Service Executive for the provision of those services and who is willing to accept her as a patient.

• (4) Subject to sections 20 and 23 of the Act of 2013, the services referred to in subsection (1) shall include the supply without charge of specified drugs, medicines and medical and surgical appliances for the purpose of a termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Act of 2018 for the time being—

• (a) standing approved by the Heath Service Executive, or

• (b) on the Reimbursement List within the meaning of section 2(1) of the Act of 2013.

• (5) In this section—

"Act of 2013" means Health (Pricing and Supply of Medical Goods) Act 2013;

"Act of 2018" means the Health (Regulation of Termination of Pregnancy) Act 2018.]

63. Medical care for infants.

63.—(1) A health board shall make available without charge medical, surgical and nursing services for children up to the age of six weeks whose mothers are entitled to avail themselves of services under section 62.

• (2) Services under this section shall be provided for a child by any registered medical practitioner whom the parent of the child has chosen, who has entered into an agreement with the health board for the provision of those services and who is willing to accept the child as a patient.

64. Maternity grants.

64.—(1) A health board shall pay a cash grant in respect of each confinement to a woman who is a person with full eligibility, who fulfils the prescribed conditions and whom it is not proposed to maintain in an institution after the confinement (otherwise than for the purpose of medical or surgical treatment) by or at the expense of the health board.

• (2) The amount of a grant under this section shall be—

• (a) where there is live issue, £8 in respect of each child born alive,

• (b) where there is no live issue, £8.

• F134[(3) In deciding whether or not to make an order under section 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (inserted by the Status of Children Act, 1987), in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to a grant under this section.]

• (4) In this section “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a living or dead child.

65. Milk for mothers and children.

65.—(1) A health board may make arrangements for the supply of milk to expectant mothers with full eligibility, nursing mothers with full eligibility, and children under five years of age whose parents are unable from their own resources to provide the children with an adequate supply of milk.

• (2) In this section “milk” includes foods derived wholly or mainly from milk.

66. Child health service.

66.—(1) A health board shall make available without charge at clinics, health centres or other prescribed places a health examination and treatment service for children under the age of six years.

• F136[(2) The Health Service Executive shall make available without charge a health examination and treatment service for pupils who attend any primary school or who are taught at home.

• (3) The Health Service Executive may, by notice given to a school manager, or governing body of a school, require the school manager or governing body, as the case may be, to provide reasonable facilities for an examination under this section.

• (4) A school manager or governing body given a notice under subsection (3) shall comply with the notice.]

• (5) Nothing in this section shall be construed as authorising a health board to provide any general domiciliary service or any services such as are mentioned in section 52, 56 or 67.

Chapter V Other Services

67. Dental, ophthalmic and aural services.

67.—(1) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available for persons with full eligibility F137[…].

• (2) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available in respect of defects noticed at an examination under the service mentioned in section 66.

• (3) F138[Charges] shall not be made for treatment and appliances made available under this section.

• (4) F137[…]

67A. F139[Interpretation - sections 67A to 67D

67A.—(1) In this section and sections 67B to 67D—

"accommodation", in relation to a person ("relevant person") being provided with a health or personal social service that falls within the definition of "residential support services", means—

• (a) accommodation provided to the relevant person by or on behalf of the Health Service Executive, or

• (b) if paragraph (a) does not apply and the ongoing costs of maintenance associated with the provision of that service to the relevant person are met by the Health Service Executive or another person that provides services on behalf of the Health Service Executive, accommodation provided to the relevant person pursuant to an arrangement that has been put in place by or on behalf of the relevant person for the purpose of facilitating the provision, in that accommodation, of that service;

"costs of maintenance", in relation to a person ("relevant person") being provided with a health or personal social service that falls within the definition of "residential support services", means the costs (other than excluded costs) relating to the ongoing essential daily living requirements of the relevant person and, without prejudice to the generality of the foregoing, includes the costs to the Health Service Executive or another person acting on behalf of the Health Service Executive of purchasing or paying for—

• (a) the relevant person’s food or other essential household provisions,

• (b) the relevant person’s electricity, gas, heating, refuse collection, water supply or other essential utilities, or

• (c) any combination of any such provisions and such utilities,

and "maintenance costs", "maintenance", "maintain" and cognate terms shall be construed accordingly;

"excluded costs", in relation to the definition of "costs of maintenance" and a relevant person referred to in that definition, means—

• (a) the relevant person’s accommodation costs (if any), and

• (b) the costs (if any), associated with the provision of a health or personal social service to the relevant person, that do not fall within that definition;

"persons" includes a class or classes of persons;

"residential support services" means any health or personal social service excluding—

• (a) acute in-patient services,

• (b) long-term residential care services, and

• (c) out-patient services provided under section 56,

provided by or on behalf of the Health Service Executive under section 7 of the Health Act 2004 or under any other enactment, to a person residing in accommodation that is a—

• (i) hospital,

• (ii) convalescent home,

• (iii) nursing home, or

• (iv) home or other category of housing accommodation for persons with a physical, sensory, mental health or intellectual disability,

or in accommodation ancillary thereto.

• (2) A reference in the definition of "residential support services" in subsection (1) to long-term residential care services shall be construed as a reference to long-term residential care services provided to a person who first began to receive those services on or after 27 October 2009.]

67B. F140[Residential support services.

67B.—The Health Service Executive may make available residential support services to persons with full eligibility and persons with limited eligibility.]

67C. F141[Residential support services maintenance and accommodation contributions.

67C.—(1) (a) Subject to subsections (3) to (6) and section 67D, a person provided with residential support services, whether provided by the Health Service Executive or on behalf of the Health Service Executive, shall pay a financial contribution, in accordance with regulations made by the Minister under this section, towards F142[the costs of maintenance or accommodation, or both,] associated with the provision of such residential support services.

• (b) In this section and in sections 67B and 67D, a "residential support services maintenance and accommodation contribution" means a contribution required to be paid pursuant to this section and regulations made under subsection (2).

• F142[(2)
• (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations—

• (i) making it a requirement that persons to whom residential support services are provided, or persons belonging to a specified class or classes of such persons, shall pay a contribution, in specified circumstances, towards the costs of maintenance or accommodation, or both, associated with the provision of such services,

• (ii) specifying the amounts of the contributions or the limits to the amounts of such contributions,

• (iii) providing for any matter referred to in this section as prescribed or to be prescribed, and

• (iv) providing for transitional arrangements, in specified circumstances, in respect of such contributions as the Minister considers necessary or expedient in respect of such persons, which may include such transitional arrangements relating to the reduction to the amounts of such contributions as the Minister considers necessary or expedient in respect of such persons, or that may be required to avoid undue financial hardship for such persons.

• (b) (i) In specifying the amounts of the contributions required to be paid in regulations made under paragraph (a), the Minister may specify different amounts by reference to the respective incomes of the persons required to pay the contributions or by reference to the levels of dependence or independence of such persons, or by reference to both such incomes and such levels of dependence or independence.

• (ii) The Minister may, for the purposes of subparagraph (i), have regard to the levels of dependence or independence of persons by taking into account the medical care or nursing care, or both, generally provided in, or to, the accommodation where the persons reside and to those levels of dependence or independence that, in the Minister’s opinion, may be taken to give rise to a need to retain lesser or greater levels of income for personal use by such persons.]

• (c) Regulations relating to the matters specified in paragraph (a) may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient, including provisions relating to the manner of payment, the persons to whom payments are to be made and the collection of monies due and the disposal of monies received in respect of contributions required to be made pursuant to such regulations.

• (3)
• (a) The amount of a contribution required to be paid pursuant to regulations made under subsection (2) shall be expressed as a daily amount, which amount shall not exceed 80 per cent of the maximum daily rate of the State pension (non-contributory).

• F143[(aa) The daily amount of the contribution required from a person to whom paragraph (b) of the definition of "accommodation" in section 67A(1) applies shall be reduced by one-seventh of whichever of the following 2 amounts is the greater:

• (i) the amount that the person provides for his or her accommodation, as calculated pro rata on a weekly basis, less—

• (I) the amount (if any) of a rent supplement, as so calculated, that he or she receives pursuant to regulations made under section 198(3) of the Social Welfare Consolidation Act 2005, and

• (II) the amount (if any) of housing assistance (or similar subsidy), as so calculated, prescribed for the purposes of this clause, that he or she receives;

• (ii) €30 or, if a different amount stands prescribed for the purposes of this subparagraph, that different amount.]

• (b) For the purposes of this section—

• (i) a person shall be considered as receiving residential support services on a particular day where that person was receiving those services at midnight on the day concerned,

• (ii) a reference to the maximum daily rate of the State pension (non-contributory) shall be construed as a reference to one seventh of the maximum weekly rate of State pension (non-contributory), and

• (iii) State pension (non-contributory) has the same meaning as it has in the Social Welfare Acts.

• (4) A residential support services maintenance and accommodation contribution in respect of a particular day shall be payable where, in the 12 month period ending on that day, the person has previously received residential support services on at least 30 days.

• (5) In calculating the number of days on which a person has received residential support services within the 12 month period referred to in subsection (4)—

• (a) a day on which a person has received acute in-patient services as defined in section 51 (whether before or after the coming into operation of this section or regulations made under it) unless the person concerned was liable to make payment of a charge under section 55 in respect of those services,

• (b) a day on which a person was in receipt of State support within the meaning of the Nursing Homes Support Scheme Act 2009 (whether before or after the coming into operation of this section or regulations made under it), and

• (c) a day on which a person received services under this Act provided by or on behalf of the Health Service Executive prior to the coming into operation of sections 67A, 67C, 67D or this section or regulations made under it, which services would, if those sections and regulations had been in force at the time of the provision of those services, have constituted residential support services,

shall be treated as a day on which the person concerned has been provided with residential support services.

• (6) Subsection (5) applies notwithstanding that—

• (a) the person concerned is a person to whom subsection (7) applies as respects one or more than one of the days, or

• (b) the Health Service Executive has, pursuant to guidelines approved under section 67D, as respects the person concerned waived, in whole or in part, the amount of the contribution payable.

• (7) A residential support services maintenance and accommodation contribution shall not be payable where the residential support services are provided to—

• (a) a person under 18 years of age,

• (b) a woman receiving services in respect of motherhood,

• F144[(ba) a woman receiving services for the purpose of a termination of pregnancy in accordance with section 9, 10, 11 or 12 of the Health (Regulation of Termination of Pregnancy) Act 2018,]

• (c) a person detained involuntarily under the Mental Health Acts 2001 to 2009,

• (d) a person detained in a designated centre under the Criminal Law (Insanity) Act 2006,

• (e) a person who pursuant to section 2 of the Health (Amendment) Act 1996, in the opinion of the Health Service Executive, has contracted Hepatitis C directly or indirectly from the use of Human Immunoglobulin Anti-D or the receipt within the State of another blood product or a blood transfusion,

• (f) a person in respect of the treatment of infectious diseases prescribed under Part IV of the Health Act 1947,

• (g) a person who pays charges which are charged under section 53A, or

• (h) a person in receipt of State support or ancillary State support within the meaning of the Nursing Homes Support Scheme Act 2009.]

• F143[(8) Subject to the other provisions of this section, nothing in this Act or in another enactment (or in an instrument made under this Act or under another enactment) shall be construed as—

• (a) prohibiting the imposition upon a person to whom this section applies of a requirement to pay a residential support services maintenance and accommodation contribution, or

• (b) authorising the imposition upon a person to whom this section applies of a requirement to pay any additional contribution, in respect of the costs of maintenance or accommodation, or both, associated with the provision to a person of residential support services.]

67D. F145[Waiver of residential support services maintenance and accommodation contributions.

67D.—(1) (a) The Health Service Executive may waive (in whole or in part) the obligation of a person to make payment of a residential support services maintenance and accommodation contribution.

• (b) The Health Service Executive shall not exercise the power referred to in paragraph (a) unless, having regard to the financial circumstances of the person concerned, it is satisfied that—

• (i) it is necessary to do so in order to avoid undue financial hardship on the part of the person concerned or his or her dependants,

• (ii) it is necessary to do so, or that doing so would be of significant benefit, in advancing the medical, therapeutic, rehabilitative or health-related needs of the person concerned (including, where a care plan has been prepared for that person by or on behalf of the Health Service Executive, needs relating to meeting objectives specified in such a care plan), or

• (iii) it is reasonable to do so having regard to the extent to which the person concerned provides for his or her own maintenance F146[or accommodation, or both].

• (2) The Health Service Executive shall exercise the power referred to in subsection (1) in accordance with such guidelines as stand approved by the Minister pursuant to this section.

• (3) Where the Health Service Executive exercises the power under subsection (1), it shall in each case record in writing the basis for the decision to exercise that power.

• (4) The Health Service Executive shall prepare guidelines relating to the exercise of the power referred to in subsection (1), and where requested to do so by the Minister shall prepare revised guidelines.

• (5) Guidelines prepared by the Health Service Executive under subsection (4) shall be submitted by the Health Service Executive to the Minister.

• (6) Where guidelines are submitted to the Minister pursuant to subsection (5), the Minister may—

• (a) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned,

• (b) with the consent of the Minister for Public Expenditure and Reform, approve the guidelines concerned subject to specified amendments, or

• (c) refuse to approve the guidelines concerned.

• (7) Where guidelines stand approved under this section, the Minister may revoke such guidelines.

• (8) The Health Service Executive shall publish or cause to be published, in such manner as it considers appropriate, guidelines standing approved by the Minister pursuant to this section.]

67E. F147[ Contraception services for certain women.

67E.—(1) The Health Service Executive shall make available without charge contraception services for women who are ordinarily resident in the State—

• (a) who have attained the age of 17 years but not yet attained the age of 26 years, or

• (b) who are within such class or classes of ages as may be prescribed by the Minister under subsection (5), and

such women shall, in this section, be referred to as "relevant women".

• (2) Insofar as the contraception services relate to the provision of applicable services to a relevant woman, the relevant woman may choose to receive such services from any person who has entered into an agreement with the Health Service Executive for the provision of those services and who is willing to accept that woman as a patient.

• (3) Insofar as the contraception services relate to the provision of relevant products to a relevant woman, the relevant woman shall be entitled to receive a relevant product from a pharmacy provider.

• (4) Notwithstanding subsections (1) and (2), the following shall apply in respect of a woman who is ordinarily resident in the State (whether or not she falls within the definition of a relevant woman) and who has had a long-acting reversible contraceptive device fitted before she attained the age of 26 years (or such other age as may be prescribed by the Minister under subsection (5)), namely:

• (a) the woman concerned may, notwithstanding that she has attained the age of 26 years (or such other age as may be prescribed by the Minister under subsection (5)), choose to seek the removal of such device by any person who has entered into an agreement with the Health Service Executive for the provision of contraception services and who is willing to accept her as a patient;

• (b) the Health Service Executive shall, in respect of that woman, make available such removal without charge.

• (5) Subject to subsection (6), the Minister, after consultation with the Minister for Public Expenditure and Reform, may, for the purposes of subsection (1)(b) and subsection (4), by regulation prescribe such further age or class or classes of ages in respect of women to whom the contraception services referred to in subsections (1) and (4) shall be made available under this section.

• (6) In making regulations under subsection (5), the Minister shall not prescribe an age under the age of 17 years.]

• F148[(7) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by regulation prescribe the amount or the rate of payment to be made to—

• (a) scheme providers in respect the provision of applicable services by them under agreements referred to in subsection (2), or

• (b) pharmacy providers in respect of the dispensing of relevant products by them under this section.

• (8) Regulations made under subsection (7) may prescribe different amounts or rates—

• (a) in respect of different contraception services or different classes of contraception services, or in respect of the provision of contraception services or different classes of contraception services to different classes of relevant women, or

• (b) in respect of different scheme providers or pharmacy providers or different classes of scheme providers or pharmacy providers.

• (9) Regulations under this section may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations.

• (10) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (11) In this section—

“Act of 2013” means the Health (Pricing and Supply of Medical Goods) Act 2013;

“applicable services” means—

• (a) such number of consultations with a scheme provider required by a relevant woman in a year for the purposes of obtaining a prescription for accessing relevant products, and

• (b) the fitting (including such further follow-up consultation as is necessary) and removal by a scheme provider of a long-acting reversible contraceptive device;

“contraception services”, means, in relation to a relevant woman—

• (a) applicable services, or

• (b) relevant products,

or both, made available without charge under this section;

“pharmacy provider” means a retail pharmacy business (within the meaning of section 2(1) of the Pharmacy Act 2007) who has entered into an agreement with the Health Service Executive for the dispensing of relevant products;

“registered medical practitioner” has the same meaning as it has in section 2 of the Medical Practitioners Act 2007;

“relevant products”, subject to sections 20 and 23 of the Act of 2013, means contraceptive drugs, medicines and products (including long‑acting reversible contraceptive devices and emergency contraceptives) for the time being—

• (a) standing approved by the Heath Service Executive, or

• (b) on the Reimbursement List within the meaning of section 2(1) of the Act of 2013;

“scheme provider” means a registered medical practitioner who has entered into an agreement with the Health Service Executive for the provision of applicable services.]

67F. F149[Menopause products for certain women.

67F.—(1) Subject to subsection (3), and sections 20 and 23 of the Act of 2013, the Health Service Executive shall make available for supply without charge menopause products for women who—

• (a) are ordinarily resident in the State, and

• (b) have been prescribed menopause products by—

• (i) a registered medical practitioner, or

• (ii) a registered nurse or registered midwife entitled pursuant to any enactment to prescribe the menopause products so supplied.

• (2) A woman referred to in subsection (1) shall be entitled to receive menopause products from a pharmacy provider.

• (3) This section shall not apply to women with full eligibility who avail of the service under section 59(1).

• (4) The Minister may, following consultation with the Health Service Executive, by regulation prescribe—

• (a) the form and manner in which the Health Service Executive shall reimburse a pharmacy provider who has dispensed menopause products in accordance with this section,

• (b) the form and manner in which a pharmacy provider shall claim for reimbursement from the Health Service Executive for the dispensing of menopause products in accordance with this section,

• (c) such forms as may be necessary for the purposes of paragraphs (a) and (b), and

• (d) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving effect to this section.

• (5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (6) In this section—

"Act of 2011" means the Nurses and Midwives Act 2011;

"Act of 2013" means the Health (Pricing and Supply of Medical Goods) Act 2013;

"enactment" has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

"menopause" means, in relation to a woman, the various stages related to menopause and includes perimenopause, post menopause, early menopause, premature menopause and medically induced menopause;

"menopause products" means hormone replacement therapy drugs, medicines and surgical and medical appliances used to alleviate the symptoms of menopause, which are for the time being on the Reimbursement List;

"pharmacy provider" means a retail pharmacy business (within the meaning of section 2(1) of the Pharmacy Act 2007) which has entered into or agreed to enter into an arrangement with the Health Service Executive for the dispensing of menopause products to women referred to in subsection (1);

"registered medical practitioner" has the same meaning as it has in section 2(1) of the Medical Practitioners Act 2007;

"registered midwife" has the same meaning as it has in section 2(1) of the Act of 2011;

"registered nurse" has the same meaning as it has in section 2(1) of the Act of 2011;

"Reimbursement List" has the same meaning as it has in section 2(1) of the Act of 2013.]

68. Rehabilitation services.

68.—(1) A health board shall make available a service for the training of disabled persons for employment suitable to their condition of health, and for the making of arrangements with employers for placing disabled persons in suitable employment.

• (2) For the purposes of subsection (1) a health board may provide and maintain premises, workshops, farms, gardens, materials, equipment and similar facilities.

• (3) A health board may provide equipment, materials or similar articles for a disabled adult person where neither the person nor the person's spouse F150[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] (if any) is able to provide for his maintenance.

69. Maintenance allowances for disabled persons.

69.—F151[…]

70. Screening tests.

70.—A health board shall make arrangements for carrying out tests on persons without charge, for the purpose of ascertaining the presence of a particular disease, defect or condition that may be prescribed.

71. Information and advice on health.

71.—(1) The Minister may make arrangements for the dissemination of information and advice on matters relating to health and health services.

• F152[(2) A health board shall, in respect of its functional area, develop and implement health promotion programmes, having regard to the needs of people residing in its functional area and the policies and objectives of the Minister in relation to health promotion generally.]

Chapter VI Miscellaneous Provisions Regarding Services

72. Regulations.

72.—(1) The Minister may make regulations applicable to all health boards or to one or more than one health board regarding the manner in which and the extent to which the board or boards shall make available services under this Act and generally in relation to the administration of those services.

• (2) Regulations under this section may provide for any service under this Act being made available only to a particular class of the persons who have eligibility for that service.

• (3) Notwithstanding any other provision of this Act, regulations made under the Health Act, 1953 shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.

73. Determination of doubt as to responsible Health Board.

73.—F153[…]

74. Recovery of charges and contributions.

74.—Any charge which may be made or contribution which may be levied by a health board under the Health Acts, 1947 to 1970, or regulations thereunder may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person in respect of whom the charge is made, from the person's spouse (if any) or, in case the person has died, from his legal personal representative.

74A. F154[Recovery of charges and contributions — further provision.

74A.—Any charge which may be made or contribution which may be levied under the Health Acts 1970 to 2013, or by regulations made thereunder, in respect of services provided by a person on behalf of the Health Service Executive pursuant to section 38 of the Health Act 2004, may, in default of payment, be recovered by the person providing the service as a simple contract debt in any court of competent jurisdiction from the person to whom the services were provided.]

75. False statements, etc.

75.—If any person, for the purpose of obtaining any service under the Health Acts, 1947 to 1970, whether for himself or some other person, or for any purpose connected with those Acts—

• (a) knowingly makes any false statement or false representation or knowingly conceals any material fact, or

• (b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

F155[PART IVA Arrangements in relation to Health Services]

75A. F156[Arrangements in relation to health services.

75A.—(1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to carry out any reciprocal or other arrangements made with, or under the proper authority of, the Government of the United Kingdom in respect of health services that will apply between the State and the United Kingdom after the end of the transition period.

• (2) Without prejudice to the generality of subsection (1), an order under that subsection may specify—

• (a) the category or categories of persons to whom the order applies, and

• (b) the category or categories of health services to which the order applies.

• (3) When making an order under subsection (1), the Minister shall have regard to the following:

• (a) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom to the protection of the Common Travel Area and associated reciprocal rights and privileges as a legitimate and fundamental public policy, and recognising healthcare arrangements as a component of this;

• (b) the policies and objectives of the Government to reaffirm the Common Travel Area arrangements and the associated reciprocal rights and privileges enjoyed by Irish and British citizens in each other’s state, in particular the right for citizens residing in either state to access emergency, routine and planned publicly funded health services in each other’s state, on the same basis as citizens of that state;

• (c) the policies and objectives of the Government regarding their shared commitment with the Government of the United Kingdom that residents of the State and the United Kingdom should enjoy ease of access to healthcare in the other state;

• (d) the policies and objectives of the Government to enable arrangements in relation to health services to be implemented between the State and the United Kingdom after the end of the transition period;

• (e) the desirability, in the public interest, of maintaining access to health services in the United Kingdom after the end of the transition period, in particular the desirability of maintaining access to medically necessary health services;

• (f) the need to ensure the most beneficial, effective and efficient use of resources;

• (g) the policies and objectives of the Government to protect and improve the health and welfare of the public.

• (4) In this section, "transition period" means the transition period provided in Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Agency Community³.]

75B. F157[Regulations to give full effect to this Part.

75B.—(1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

• (a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State;

• (b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom;

• (c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom;

• (d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom;

• (e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom;

• (f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments shall be made by the Health Service Executive to the United Kingdom;

• (g) the charging by the Health Service Executive for the provision of health services provided in the State to persons from the United Kingdom and the method in relation to which charges for such health services shall be calculated and levied;

• (h) the manner in which payments in respect of charges referred to in paragraph (g) shall be made to the State by individuals and by the United Kingdom;

• (i) the method by which payments are to be made by the State in respect of health services provided in the United Kingdom and the manner in which such payments shall be made by the State to the United Kingdom;

• (j) the method by which charges are to be levied by the State on the United Kingdom in respect of health services provided by or on behalf of the Health Service Executive in the State and the manner in which payments shall be made by the United Kingdom to the State;

• (k) the class or classes of persons in respect of whom payments shall be made by the State or the United Kingdom, including the methodology used to estimate the number of persons concerned;

• (l) the category or categories of health services in respect of which payments or provision may be made;

• (m) the arrangements that shall apply with regard to payments to be made by the State to the United Kingdom and with regard to payments to be made by the United Kingdom to the State, including the methodology for calculating costs and the levels of reimbursement;

• (n) the basis on which the Health Service Executive may reimburse persons in respect of the cost of health services received and paid for by those persons in the United Kingdom;

• (o) such forms as may be necessary for the purposes of paragraphs (a) to (n);

• (p) such other related, ancillary, transitional or consequential matters as the Minister considers appropriate.

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may—

• (a) apply either generally or to a specified class or classes of persons, and

• (b) apply either generally or to a specified class or classes of health services.

• (3) A person who contravenes a provision of regulations made under subsection (1) that is declared in the regulations to be a penal provision shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or both.]

75C. F158[Orders and regulations.

75C.—Every order and regulation under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

75D. F159[Orders and regulations.

75D.— ...]

PART V Miscellaneous Provisions

76. Amendment of hospital charters, etc.

76.—(1) The Minister may by order, on the application of the governing body of a hospital, amend a charter or private Act relating to that hospital.

• (2) A draft of an order which it is proposed to make under this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.

• (3) Before laying the draft of an order under this section before each House of the Oireachtas, the Minister shall consult the Commissioners of Charitable Donations and Bequests for Ireland.

77. Removal of bodies.

77.—Where the body of a deceased person is found in the functional area of a health board, the board may, in accordance with regulations made by the Minister with the consent of the Minister for Justice, arrange for the removal of the body to appropriate premises.

78. Control of possession of certain substances.

78.—F160[…]

79. Extension of Rats and Mice (Destruction) Act, 1919.

79.—Notwithstanding section 11 of the Rats and Mice (Destruction) Act, 1919, whenever a health board is unable to trace the occupier of land, a notice under section 5 of that Act may be served by affixing the notice on or to a gate, door or a prominent part of the land.

80. Restriction of Health Services (Financial Provisions) Act, 1947.

80.—F161[…]

81. Amendment of section 3 of Mental Treatment Act, 1945.

81.—The Mental Treatment Act, 1945, is hereby amended by—

• (a) the deletion in section 3 of the definitions of “the appropriate assistance officer”, “authorised medical officer”, “chargeable patient”, “joint authority”, “joint board”, “mental hospital assistance”, “visiting committee of an auxiliary mental hospital”, and “visiting committee of a district mental hospital”,

• (b) the insertion in section 3 after the definition of “district mental hospital” of the following—

“"eligible patient" means a patient who is a person with full eligibility or a person with limited eligibility within the meaning of sections 45 and 46 of the Health Act, 1970”, and

• (c) the substitution of “eligible patient” for “chargeable patient” in each case where that occurs.

82. Adaptation of Mental Treatment Acts, 1945 to 1966.

82.—(1) The Minister may by order make, in respect of any enactment in the Mental Treatment Acts, 1945 to 1966, any adaptations or modifications (including the substitution of a new provision for an existing provision in such an enactment) which appear to him to be necessary to enable that enactment to have effect in conformity with this Act.

• (2) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

83. Local inquiries, etc.

83.—F162[…]

84. Public assistance.

84.—(1) Notwithstanding anything contained in the Public Assistance Act, 1939, the functional area of a local authority specified in subsection (2) shall become and be a public assistance district for the purposes of that Act, and the local authority shall be the public assistance authority for the public assistance district.

• (2) The following shall be local authorities for the purposes of this section—

the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

F163[…]

the Lord Mayor, Aldermen and Burgesses of Cork;

the council of the county of Cork;

the Mayor, Aldermen and Burgesses of Limerick;

the council of the county of Limerick;

the Mayor, Aldermen and Burgesses of Waterford;

the council of the county of Waterford.

85. Regulations regarding adaptations.

85.—The Minister may by regulations make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

86. Amendment of City and County Management (Amendment) Act, 1955.

86.—The City and County Management (Amendment) Act, 1955 is hereby amended by the deletion in section 12 (1), section 13 (1) and section 14 (1) of “the Minister for Health and”.

FIRST SCHEDULE Enactments Repealed

Section 3.

Number and Year	Short title	Extent of Repeal
(1)	(2)	(3)
No. 18 of 1933.	Public Hospitals Act, 1933.	Section 14 (except subsection (6)), sections 15 to 19 and section 24 (3) and 24 (4).
No. 9 of 1940.	Public Hospitals (Amendment) Act, 1940.	Sections 2 to 4.
No. 19 of 1945.	Mental Treatment Act, 1945.	Sections 5, 19, 96, 97 and 106, 248 (4) and 248 (5).
No. 28 of 1947.	Health Act, 1947.	Parts II and VII, sections 99, 102 and 104.
No. 47 of 1947.	Health Services (Financial Provisions) Act, 1947.	The whole Act.
No. 27 of 1950.	Nurses Act, 1950.	Section 60.
No. 26 of 1953.	Health Act, 1953.	Parts II and III; sections 45 to 53, 71 and 72.
No. 23 of 1954.	Health Act, 1954.	The whole Act.
No. 16 of 1957.	Health and Mental Treatment Act, 1957.	The whole Act.
No. 37 of 1958.	Health and Mental Treatment (Amendment) Act, 1958.	The whole Act.
No. 9 of 1960.	Health Authorities Act, 1960.	The whole Act except sections 15 (8), 15 (9), 24 and the Fourth Schedule.
No. 18 of 1961.	Nurses Act, 1961.	Section 4 (3).
No. 2 of 1966.	Health and Mental Treatment (Amendment) Act, 1966.	The whole Act.

SECOND SCHEDULE Rules in relation to Membership and Meetings of Health Boards

Section 5 and section 41.

F164[…]

THIRD SCHEDULE Provisions consequential on Dissolutions

Section 34.

Transfer of property.

• (2) Any property transferred by this paragraph which, immediately before the commencement, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of the dissolved body shall, upon the request of the body to which it is transferred made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of that body.

• (3) After the commencement, every chose-in-action transferred in accordance with this paragraph to a body may be sued upon, recovered or enforced by that body in its own name, and it shall not be necessary for the body to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

• (2) A dissolution under section 34 shall not invalidate or affect any paying order which may have been issued by the dissolved body and not presented for payment before the commencement or any authority given by the dissolved body for the payment of the amount of the paying order, and the body to which the relevant liability is transferred shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the commencement.

Preservation of continuing contracts.

Continuance of rules and regulations.

Continuance of resolutions, etc.

Continuance of pending legal proceedings.

Admissibility in evidence of books.

• (2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the dissolved body would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the health board or other body corresponding to the particular officer, be admitted after the commencement as evidence of the contents to the same extent as the first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts.

• (2) Any officer of the dissolved body or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the income or expenditure of the dissolved body and also every member of the dissolved body or of any such committee shall, until the audit of the accounts of such income and expenditure up to the commencement is complete, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Transfer of officers.

Preservation of contracts of service.

F165[FOURTH SCHEDULE CHARGES PAYABLE IN RESPECT OF IN-PATIENT SERVICES PROVIDED UNDER SECTION 55.

Section 55.

Column (1)	Column (2)	Column (3)	Column (4)	Column(5)
Reference Number	Hospital Category	Daily charge for in-patient services where overnight accommodation provided in a single occupancy room	Daily charge for in-patient services where overnight accommodation provided in a multiple occupancy room	Daily charge for day case in-patient services where overnight accommodation not provided
1.	Hospital specified in Fifth Schedule	€1,000	€813	€407
2.	Hospital specified in Sixth Schedule	€800	€659	€329

The amount of charges payable by a person to whom in-patient services are provided pursuant to section 55 shall be calculated in accordance with the Table by reference to—

• (a) which of the type of in-patient services specified in columns (3), (4) or (5) of the Table are provided to the person, and

• (b) which of the categories of hospital specified in column (2) of the Table the in-patient services are provided to the person.]

F166[FIFTH SCHEDULE EACH OF THE HOSPITALS SPECIFIED HEREUNDER IS SPECIFIED AS A HOSPITAL FOR THE PURPOSES OF THIS SCHEDULE.

Section 55.

The Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital, Tallaght, Dublin.

Beaumont Hospital, Beaumont, Dublin.

F167[Children’s Health Ireland, Dublin]

Children’s University Hospital, Temple Street, Dublin.

Connolly Hospital Blanchardstown, Blanchardstown, Dublin.

Coombe Women and Infants University Hospital, Dublin.

Cork University Hospital and Cork University Maternity Hospital, Cork.

Kilcreene Orthopaedic Hospital, Kilcreene, Kilkenny.

Mid-Western Regional Hospital, Dooradoyle, Limerick.

Mid-Western Regional Maternity Hospital, Limerick.

Mid-Western Regional Orthopaedic Hospital, Croom, County Limerick.

Mater Misericordiae University Hospital, Dublin.

Mercy University Hospital, Cork.

National Maternity Hospital, Holles Street, Dublin.

Our Lady of Lourdes Hospital, Drogheda, County Louth.

Our Lady’s Children’s Hospital, Crumlin, Dublin.

F168[…]

F168[…]

F168[…]

Rotunda Hospital, Dublin.

Royal Victoria Eye and Ear Hospital, Dublin.

Sligo General Hospital.

South Infirmary-Victoria University Hospital, Cork.

St. James’s Hospital, James’s Street, Dublin.

St. Luke’s Hospital, Rathgar, Dublin.

St. Michael’s Hospital, Dun Laoghaire, Dublin.

F168[…]

St. Vincent’s University Hospital, Elm Park, Dublin.

University Hospital Galway and Merlin Park University Hospital, Galway.

Waterford Regional Hospital, Waterford.

A hospital specified for the purposes of this Schedule shall continue to stand specified notwithstanding that the name or title of the hospital is altered or the location at which the hospital provides in-patient services is altered.]

F169[SIXTH SCHEDULE EACH OF THE HOSPITALS SPECIFIED HEREUNDER IS SPECIFIED AS A HOSPITAL FOR THE PURPOSES OF THIS SCHEDULE.

Section 55.

Bantry General Hospital, Bantry, County Cork.

Cappagh National Orthopaedic Hospital, Dublin.

Cavan General Hospital, Cavan, County Cavan.

Ely Hospital, Wexford.

Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin.

Kerry General Hospital, Tralee, County Kerry.

Letterkenny General Hospital, Letterkenny, County Donegal.

Louth County Hospital, Dundalk, County Louth.

Mallow General Hospital, Mallow, County Cork.

Mayo General Hospital, Castlebar, County Mayo.

Midland Regional Hospital, Mullingar, County Westmeath.

Midland Regional Hospital, Portlaoise, County Laois.

Midland Regional Hospital, Tullamore, County Offaly.

Mid-Western Regional Hospital, Ennis, County Clare.

Mid-Western Regional Hospital, Nenagh, County Tipperary.

Monaghan General Hospital, Monaghan, County Monaghan.

Naas General Hospital, Naas, County Kildare.

F170[Our Lady’s Hospice, Blackrock, County Dublin;]

F170[Our Lady’s Hospice, Harold’s Cross, Dublin;]

Our Lady’s Hospital, Manorhamilton, County Leitrim.

Our Lady’s Hospital, Navan, County Meath.

F170[Peamount Hospital, Newcastle, County Dublin;]

Portiuncula Hospital, Ballinasloe, County Galway.

Roscommon Hospital, Roscommon, County Roscommon.

South Tipperary General Hospital, Clonmel, County Tipperary.

St. Columcille’s Hospital, Loughlinstown, Dublin.

St. John’s Hospital, Limerick.

St. Joseph’s Hospital, Raheny, Dublin.

St. Luke’s Hospital, Kilkenny.

F170[St. Vincent’s Hospital, Fairview, Dublin.]

Wexford General Hospital, Wexford.

A hospital specified for the purposes of this Schedule shall continue to stand specified notwithstanding that the name or title of the hospital is altered or the location at which the hospital provides in-patient services is altered.]

Footnotes