The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Modification of the National Health Service (Scotland) Act 1978

4.—(1) The National Health Service (Scotland) Act 1978 is modified as follows.

(2) In section 75A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(b)(ii), for “75B” substitute “75BA”.

(3) Section 75B (reimbursement of the cost of services provided in another EEA State) is repealed.

(4) In section 75BA (reimbursement of the cost of services provided in another EEA State on or after 25 October 2013)—

(a) in subsection (1), after “and (14)” insert “and section 75BC”,

(b) in subsection (3), omit “other than the United Kingdom”,

(c) for subsection (15) substitute—

“(15) In this section and section 75BB—

“authorised provider” in relation to services provided in an EEA State means a person who is lawfully providing services,

“services” includes any goods, including drugs, medicines and appliances which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.”.

(5) In section 75BB (prior authorisation for the purposes of section 75BA), in subsection (9), omit “and section 75C”.

(6) After section 75BB insert—

“Restriction on reimbursement after EU withdrawal

75BC.— (1) The duty to reimburse in section 75BA(2) applies in respect of a service provided to a person on or after exit day only if one of the following conditions is met.

(2) Condition 1 is that the service began to be provided to the person before exit day.

(3) Condition 2 is that—

(a) the application for authorisation under section 75BB in relation to the provision of the service to the person was made before exit day, and

(b) the service began to be provided to the person before—

(i) the end of the period specified in the authorisation as the period for which authorisation is granted, or

(ii) if no such period is specified in the authorisation, the end of the period of 1 year beginning with exit day.

(4) Condition 3 is that the service began to be provided to the person at a time when a cross-border arrangement with the EEA State in which the service was provided was in effect.

(5) Condition 4 is that—

(a) the application for authorisation under section 75BB in relation to the provision of the service to the person was made at a time when a cross-border arrangement with the EEA State in which the service was provided was in effect, and

(b) the service began to be provided to the person before—

(i) the end of the period specified in the authorisation as the period for which authorisation is granted, or

(ii) if no such period is specified in the authorisation, the end of the period of 1 year beginning with the day that the cross-border arrangement in question ceased to have effect.

(6) For the purposes of this section—

(a) “exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,

(b) a cross-border arrangement with an EEA State is in effect during the period that the list maintained under regulation 16(4) of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019(1) says that a cross-border arrangement with that State is to be treated as having effect.”.

(7) Section 75C (which provides the prior authorisation rules for section 75B) is repealed.

(8) In section 75D (deduction of NHS charges)—

(a) in subsection (1), omit “75B(1) or”,

(b) in subsection (2), omit “75B and 75C or”,

(c) for subsection (3) substitute—

“(3) In this section—

“eligible person” means a person who is ordinarily resident in Scotland,

“NHS charge” means any charge payable in accordance with sections 69 to 74 or regulations made under those sections,

“services” has the meaning given in section 75BA(15).”.

(1)

S.I. 2019/XX.