The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Further saving of Articles 14D and 14E of the Order of 1972: cross-border arrangements

13.—(1) This regulation applies despite the revocations made by regulations 2, 5, and 6.

(2) In relation to relevant qualifying EEA expenditure, Article 14D of the Order of 1972 continues to have effect on and after exit day but as if—

(a) in the heading, for “another EEA state” there were substituted “an EEA state”,

(b) in paragraph (4), for “an EEA state other than the United Kingdom” there were substituted “an EEA state”, and

(c) in paragraph (15), for the words from “authorised provider” to the end there were substituted—

““authorised provider” in relation to any service provided in an EEA state means a person who is lawfully providing that service;

“eligible person” means a person who is ordinarily resident in Northern Ireland;

“health care charge” means a charge payable by virtue of this Order or Article 20(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997(1);

“service” 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.”

(3) In this regulation “relevant qualifying EEA expenditure” means expenditure which—

(a) does not fall within regulation 12(2), but

(b) is qualifying EEA expenditure (within the meaning of Article 14D of the Order of 1972 as modified by this regulation) that was incurred on the provision of a qualifying service.

(4) In paragraph (3) “a qualifying service” means a service that—

(a) was provided, or began to be provided, in an EEA state within a period that was a relevant period in relation to that state, or

(b) was authorised under Article 14E of that Order—

(i) within a period that was a relevant period in relation to the EEA state where the service was provided, or

(ii) on an application under Article 14E made within such a period.

(5) But nothing in this regulation requires reimbursement of expenditure incurred on the provision of a service which was provided in an EEA state after the later of—

(a) the end of one year beginning with the end of the period that is the relevant period in relation to that state, or

(b) where an authorisation for the provision of the service specified a period within which the service must be provided, the end of the specified period.

(6) Article 14E of the Order of 1972 has effect on and after exit day in relation to an application for authorisation under that Article which is made within a period that is a relevant period in relation to the EEA state where the service in question would be provided.

(7) In this regulation a “relevant period”, in relation to an EEA state, means a period for which, according to the list maintained by the Secretary of State under regulation 16 of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc) (EU Exit) Regulations 2019, cross-border arrangements between the United Kingdom and that EEA state have effect(2).

(8) Arrangements are cross-border arrangements for the purposes of this regulation if they are arrangements between the United Kingdom and an EEA state that—

(a) concern cross-border healthcare within the meaning of regulation 16 of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc) (EU Exit) Regulations 2019, and

(b) give rise to an obligation, in relation to reimbursement of expenditure on the provision of the service in question, that would be met if the expenditure were reimbursed under Article 14D of the Order of 1972.

(9) The definition in Article 2(2) of the Order of 1972 of “Regulation (EC) No. 883/2004” continues to have effect for the purposes of Articles 14D and 14E as saved by this regulation, but as if in that definition there were inserted at the end “as continued by regulation 17 of, and Schedule 5 to, the Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 2019)”(3).

(10) In Articles 14D and 14E as saved by this regulation “EEA state” has the meaning given by Schedule 1 to the Interpretation Act 1978.

(11) In this regulation “service” has the same meaning as in Article 14D(15) of the Order of 1972 as modified by paragraph (2).

(1)

S.I. 1997/1177 (N.I. 7)

(2)

xxx

(3)

xxx