by Mary Hough August-06-2015 in Healthcare Law
Since 31 March 2015, it is obligatory for all health professionals providing cross-border healthcare in the State under the Cross-Border Directive to have professional liability insurance (Regulation 15, European Union (Application of Patients’ Rights in Cross-Border Healthcare) (Amendment) Regulations 2015, SI No. 65/2015). Our Healthcare Team provides a summary of the implications of this new provision.
Who is a "health professional”?
A health professional includes a doctor of medicine, a nurse responsible for general care, a dental practitioner, a midwife, a pharmacist within the meaning of the Professional Qualifications Directive or any other professional exercising activities in the healthcare sector which are restricted to a regulated profession. This definition appears to encompass health professions which are currently in the process of becoming regulated professions under the Health and Social Care Professionals Act 2005, such as physiotherapists.
When does the requirement for professional liability insurance apply?
Health professionals will only require professional liability insurance if providing treatment to someone under the Cross-Border Directive. The Cross-Border Directive allows for patients who ordinarily reside in other EU/EEA jurisdictions or Switzerland and who require or are entitled to public healthcare services, to be referred to another EU/EEA member state or Switzerland for that care and to be reimbursed for the costs of this in their home state.
Importantly, the requirement to have professional liability insurance does not apply under the European Health Insurance Card. The European Health Insurance Card allows citizens from the EU/EEA jurisdictions or Switzerland to access health and medical healthcare services during temporary visits abroad, where the purpose of the visit is not to obtain medical treatment.
Who needs to have professional liability insurance?
It is important to note that health professionals working in the public health service are already covered for insurance purposes by the State’s Clinical Indemnity Scheme. Therefore, it is only health professionals offering treatment in a private capacity who are obliged to have their own insurance.
Authorised Officers who will be appointed by the Health Service Executive can request evidence of professional liability insurance from a health professional. The insurance must be appropriate to the nature and extent of the risk for the particular treatment provided.
Penalties
Keep in mind, failure to have professional liability insurance is an offence, liable on summary conviction to a “class A fine” or imprisonment for a term not exceeding three months or both or on indictment to a fine not exceeding €300,000 or imprisonment for a term not exceeding one year or both.
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About the Author
Mary Hough
Mary is a partner and Head of the Healthcare team at Hayes solicitors. She specialises in professional indemnity defence litigation and in particular dealing with high value clinical negligence claims. Mary has extensive experience in civil litigation, acting for insurance companies, indemnifiers and plaintiffs.