Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th December, 2017.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 5 of the Health Act 1947 (No. 28 of 1947) and section 56 (amended by section 7 of the Health (Amendment) Act 1991 (No. 15 of 1991)) of the Health Act 1970 (No. 1 of 1970), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:—

1. (1) These Regulations may be cited as the Health (Out-Patient Charges) Regulations 2017.

(2) These Regulations shall come into operation on 30 November 2017.

2. In these Regulations “Act” means the Health Act 1970 (No. 1 of 1970).

3. (1) A charge shall be made for out-patient services provided under section 56(2) (amended by section 1 of the Health (Amendment) Act 1987 (No. 3 of 1987)) of the Act at—

(a) an emergency department,

(b) an accident and emergency department,

(c) a casualty department,

(d) a minor injury unit,

(e) an urgent care centre,

(f) a local injury unit, or

(g) any other facility providing similar services.

(2) The charge referred to in paragraph (1) shall, subject to paragraph (3), be €100, payable by each person who avails of the services concerned, but such charge shall be made only in respect of the first occasion the service is provided in relation to each episode of care.

(3) The charge referred to in paragraph (1) shall not be payable by—

(a) a person with full eligibility;

(b) a woman receiving the services concerned in respect of motherhood;

(c) a child up to the age of 6 weeks;

(d) a child, referred to in section 56(3) of the Act, in respect of diseases and disabilities of a permanent or long term nature prescribed by the Minister with the consent of the Minister for Public Expenditure and Reform;

(e) a child, referred to in section 56(4) of the Act, in respect of defects noticed at a health examination held pursuant to the service provided under section 66 of the Act;

(f) a person receiving services for the diagnosis or treatment of an infectious disease prescribed under Part IV of the Health Act 1947 (No. 28 of 1947);

(g) a person who is deemed, pursuant to section 45(7) of the Act, to be a person with full eligibility in relation to an out-patient service;

(h) a person who has a letter of referral from a registered medical practitioner;

(i) a person whose attendance results in admission as an in-patient;

(j) a person who, pursuant to section 2 (amended by section 6 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006 (No. 22 of 2006)) of the Heath (Amendment) Act 1996 (No. 15 of 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;

(k) a relevant participant, within the meaning of section 2 of the Redress for Women Resident in Certain Institutions Act 2015 (No. 8 of 2015).

4. The Health (Out-Patient Charges) Regulations 2013 ( S.I. No. 45 of 2013 ) are revoked.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

30 November 2017.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

30 November 2017.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for the addition of an exemption of a relevant participant (within the meaning of section 2 of the Redress for Women’s Resident in Certain Institutions Act 2015) (Magdalen Women) from the €100 charge for out-patient services provided at an emergency department, an accident and emergency department, a casualty department, a minor injury unit, an urgent care centre, a local injury unit or any other facility providing similar services, subject to the exemptions under Regulation 3(3).