Health (Amendment) Act, 1991

Health (Amendment) Act, 1991 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1991 Health (Amendment) Act, 1991 Health (Amendment) Act, 1991 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 15 of 1991 HEALTH (AMENDMENT) ACT, 1991 ARRANGEMENT OF SECTIONS Section

Section 1

Definition.

Section 2

Amendment of section 45 (full eligibility) of Act of 1970.

Section 3

Limited eligibility.

Section 4

Guidelines on “ordinarily resident in the State”.

Section 5

Amendment of section 52 (provision of in-patient services) of Act of 1970.

Section 6

In-patient services for persons not entitled under section 52 of Act of 1970.

Section 7

Amendment of section 56 (out-patient services) of Act of 1970.

Section 8

Amendment of Health Contributions Act, 1979.

Section 9

Residency and Council Regulation (EEC) No. 1408/71.

Section 10

Revocations.

Section 11

Short title, collective citation, construction and commencement.

Acts Referred to Health Act, 1970 1970, No. 1 Health (Amendment) Act, 1987 1987, No. 3 Health Contributions Act, 1979 1979, No. 4 Number 15 of 1991 HEALTH (AMENDMENT) ACT, 1991 AN ACT TO AMEND AND EXTEND THE HEALTH ACT, 1970 , AND THE HEALTH CONTRIBUTIONS ACT, 1979 , AND TO PROVIDE FOR RELATED MATTERS. [31st May, 1991] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.—In this Act “the Act of 1970” means the Health Act, 1970 .

Amendment of section 45 (full eligibility) of Act of 1970.

2.—Section 45 of the Act of 1970 is hereby amended: (a) in subsection (1), by the insertion of “and who is ordinarily resident in the State” after “categories”, and (b) in subsection (7), by the insertion of “or who is not ordinarily resident in the State” after “mentioned in subsection (1)”, and the said subsections (1) and (7), as so amended, are set out in the Table to this section.

TABLE

Limited eligibility.

3.—The Act of 1970 is hereby amended by the substitution of the following section for section 46: “46.—Any person ordinarily resident in the State who is without full eligibility shall, subject to section 52 (3), have limited eligibility for the services under this Part.”.

Guidelines on “ordinarily resident in the State”.

4.—The Act of 1970 is hereby amended by the insertion of the following section after section 47: “47A.—The Minister may issue guidelines to— (a) the chief executive officers of health boards, and (b) persons appointed or designated by him under section 47(1), to assist each of them in deciding whether or not a person is ordinarily resident in the State for the purposes of sections 45 and 46.”.

Amendment of section 52 (provision of in-patient services) of Act of 1970.

5.—Section 52 of the Act of 1970 is hereby amended by the addition of the following subsection after subsection (2): “(3) Subject to section 54, where, in respect of in-patient services, a person with full eligibility or limited eligibility for such services does not avail of some part of those services but instead avails of like services not provided under section 52 (1), then the person shall, while being maintained for the said in-patient services, be deemed not to have full eligibility or limited eligibility, as the case may be, for those in-patient services.”.

In-patient services for persons not entitled under section 52 of Act of 1970.

6.—The Act of 1970 is hereby amended by the substitution of the following section for section 55: “55.—(1) A health board may, subject to any regulations made under subsection (2), make available in-patient services for persons who— (a) do not establish entitlement to such services under section 52, or (b) are deemed under subsection (3) of section 52 not to have full eligibility or limited eligibility for such services, and the board shall charge for any services so made available and provided to any such person in accordance with charges approved of or directed by the Minister.

Amendment of section 56 (out-patient services) of Act of 1970.

7.—Section 56 (as amended by the Health (Amendment) Act, 1987 ) of the Act of 1970 is hereby amended in subsection (5) by the addition of the following paragraph after paragraph (c): “(d) Regulations under this section may also specify the circumstances in which a person's entitlement to out-patient services shall extend to services provided by a registered medical practitioner engaged in a consultant capacity in the provision of hospital services and may provide that, where a person's entitlement does not so extend, the health board concerned may charge for the provision of out-patient services such charges as may be approved of or directed by the Minister.”.

Amendment of Health Contributions Act, 1979.

8.—The Health Contributions Act, 1979 , is hereby amended— (a) in section 5, by the deletion of subsection (2), (b) in section 6, by the deletion of subsection (2), (c) by the deletion of section 8, (d) in section 9, by the deletion of subsections (3) and (4) and of “or (3)” in subsection (5), and (e) in section 17, by the deletion of “or 9 (3)”.

Residency and Council Regulation (EEC) No. 1408/71.

9.—The provisions of Part IV of the Act of 1970 (as amended by this Act) relating to a person being ordinarily resident in the State are without prejudice to the due application of the provisions of Council Regulation (EEC) No. 1408/71 of 14 June 1971(1) (as replaced by the text in Annex I to Council Regulation (EEC) No. 2001/83 of 2 June 1983 (2) ) and of any provision made before, on or after the passing of this Act which amends, extends, replaces or consolidates (with or without modification) Council Regulation 1408/71.

Revocations.

10.—The following statutory instruments are hereby revoked: (a) the Health Services (Limited Eligibility) Regulations, 1979 ( S.I. No. 110 of 1979 ); (b) the Health Services (No. 2) Regulations, 1983 ( S.I. No. 139 of 1983 ); (c) the Health Services (Amendment) Regulations, 1990 ( S.I. No. 132 of 1990 ).

Short title, collective citation, construction and commencement.

11.—(1) This Act may be cited as the Health (Amendment) Act, 1991.

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