Health Act, 1953

Institutional services at choice of patient, etc.

25.—(1) A person entitled, having regard to regulations under section 22 of this Act, to avail himself of institutional services under section 15 or section 16 of this Act, or the parent of a child entitled, having regard to regulations under section 22 of this Act, to allow the child to avail of the services under section 15 or section 17 of this Act, may, if he so desires, in lieu of accepting services made available by the health authority, arrange for the like services being made available for him or for the child (as the case may be)—

(a) in any hospital approved of by the Minister for the purposes of this section, or

(b) in any nursing home or maternity home approved of by the Minister for the purposes of this section,

and where a person so arranges, the health authority shall, in accordance with such regulations as may be made by the Minister, make, in respect of the services made available, a payment as provided for in this section.

(2) Where institutional services are made available in pursuance of subsection (1) of this section otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution pursuant to the said arrangement, less a sum of six shillings for each day during which the services are availed of.

(3) Where institutional services are made available in pursuance of subsection (1) of this section, otherwise than in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available in an institution (otherwise than in a private or semi-private ward) with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of.

(4) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have made an arrangement under section 10 of this Act, the following provisions shall have effect:

(a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment which would be made to the institution in accordance with the said arrangement for services otherwise than in private or semi-private wards, less a sum of six shillings for each day during which the services are availed of,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(5) Where institutional services are made available in pursuance of subsection (1) of this section in a private or semi-private ward in any institution (not being a health institution) with which the health authority have not made an arrangement under section 10 of this Act, the following provisions shall have effect:

(a) the payment to be made by the health authority to the institution in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in an institution with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(6) Where institutional services are made available in pursuance of subsection (1) of this section in a nursing home or a maternity home, the following provisions shall have effect:

(a) the payment to be made by the health authority to the home in respect of the institutional services shall be equivalent to the payment normally made by the health authority for similar services made available (otherwise than in a private or semi-private ward) in a hospital with which the health authority have made an arrangement under section 10 of this Act, less a sum of six shillings for each day during which the services are availed of, and unless the health authority otherwise determine, shall be limited to payment in respect of a period of six weeks in the case of a nursing home or two weeks in the case of a maternity home,

(b) nothing in this Act or any regulations made thereunder shall be construed as restricting the amount of any charge which the institution may make on the person availing of the services.

(7) Where institutional services are made available under section 15 , section 16 or section 17 of this Act in a private or semi-private ward in a health institution on request made by or on behalf of the patient, there shall be charged therefor, in addition to any charge under subsection (4) of section 15 of this Act, a sum equivalent to the difference between—

(a) the charge approved of or directed by the Minister under section 26 of this Act for such services in a private or semi-private ward (as the case may be) in that institution, and

(b) the charge approved of or directed by the Minister under section 26 of this Act for such services in that institution otherwise than in a private or semi-private ward.