Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th 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 sections 59 (amended by section 30 of the Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14 of 2013)) and 1 of the Health Amendment (No. 2) Act 2010 (No. 20 of 2010) and 72 of the Health Act 1970 (No. 1 of 1970) and with the consent of the Minister for Public Expenditure and Reform hereby make the following regulations:

1. These Regulations may be cited as the Health Services (Drug Payment Scheme) Regulations 2017.

2. These Regulations shall come into operation on 1 January 2018.

3. The Health Services (Drug Payment Scheme) Regulations 2012 ( S.I. No. 526 of 2012 ) are revoked.

4. The Health Services Regulations 1972 ( S.I. No. 88 of 1972 ) are amended by the substitution of the following Regulation for Regulation 6:

“6.(1) The period determined for the purposes of section 59(2) of the Act shall begin on the first day of any month and end on the last day of that month and the amount determined for the purposes of that sub-section shall be €134.

(2) Where the cost of supplying a person or his or her dependants for the relevant period with drugs, medicines and medical and surgical appliances obtained on the prescription of a registered medical practitioner, or on the prescription of a registered nurse or registered midwife entitled pursuant to any enactment to prescribe the drugs, medicines or medical or surgical appliances so obtained, for the treatment of that person or his or her dependants exceeds €134, the amount met by the Health Service Executive shall be the amount by which the cost exceeds €134.

(3) For the purposes of paragraph (2), the calculation of the cost of supplying a person or his or her dependants for the relevant period with drugs, medicines and medical and surgical appliances shall—

(a) include items that are listed on the Reimbursement List, whether they are items that are interchangeable to which reference prices pursuant to section 24 and 26 of the Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14 of 2013) apply or items that are not interchangeable to which relevant prices pursuant to section 21 of that Act apply, and

(b) be calculated by reference to the reference price or relevant price (within the meaning of the Health (Pricing and Supply of Medical Goods) Act 2013 ) as the case may be for that item.”.

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

GIVEN under my Official Seal,

13 December 2017.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

13 December 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 a reduction in the monthly co-payment threshold, to €134 in any calendar month, for approved prescribed medicines or other items supplied under the Drug Payment Scheme.

These Regulations ensure that, where expenditure on approved prescribed medicines or other items supplied under the Drug Payment Scheme exceeds €134 in any calendar month, such expenditure is calculated by reference to the relevant price or reference price of the item, as defined in the Health (Pricing and Supply of Medical Goods) Act 2013 .

These Regulations revoke the Health Services (Drug Payment Scheme) Regulations 2012 ( S.I. No. 526 of 2012 ) and amend regulation 6 of the Health Services Regulations 1972 ( S.I. No. 88 of 1972 ).