Healthcare abroad reimbursement rights
The rights of Irish citizens regarding EU cross-border healthcare and the legal frameworks for costs reimbursement, as well as the role of pharmacists, are explained in an article by solicitor Matthew Austin of Hayes Solicitors LLP.
and subsequent 2014 regulations and 2015 amendments set out the legal basis for cross-border healthcare within the EU/EEA.
These regulations allow Irish citizens, who are entitled to public health services, to access healthcare in other EU/EEA member states and to be reimbursed for the costs incurred, including prescriptions, medicinal products and medical devices, Matthew Austin explains.
Claims must be made to the Health Service Executive (HSE), with proper documentation proving the costs of treatment.
The directive emphasises data-protection rights, ensuring that personal health data can be transferred between member states to ensure continuity of care without breaching privacy regulations.
Following Brexit, Irish citizens accessing healthcare in Britain cannot benefit from the 2011 directive’s reimbursement provisions.
However, treatments started or booked before 31 December 2020 may still be reimbursed.
Pharmacists in Ireland must provide patients with the necessary information about their cross-border healthcare rights – including clear invoices, details of prices, and professional-liability insurance.
Pharmacists are also responsible for ensuring that prescriptions issued by healthcare professionals in other EU/EEA states meet the required standards for recognition.
Prescriptions issued in other EU/EEA states must contain specific information – including the patient’s details, prescriber’s information – and prescription details must be valid in Ireland.
Electronic prescriptions are only recognised if they meet specific criteria and are traceable back to the prescriber.
Prescriptions issued outside the EU/EEA are not valid in Ireland, and pharmacists cannot dispense medications based on such prescriptions.
Britain’s post-Brexit healthcare regulations complicate matters, as tele-health prescriptions from British-based practitioners are not valid in Ireland.
Electronic prescriptions
Electronic prescriptions in Ireland are valid only if sent via the national electronic prescription-transfer system.
Non-compliance with the regulations can result in significant criminal liability, including fines or imprisonment.
Pharmacists could also face professional misconduct investigations by the Pharmaceutical Society of Ireland if they violate these provisions, under the
Summary conviction can result in a Class A fine, up to three months’ imprisonment, or both.
Indictment can lead to a fine up to €300,000, up to one years’ imprisonment, or both.