AI Summary of 86. Cost of medical care.
Subject to the section, costs of medical care reasonably and necessarily incurred by an insured person for an injury or disease sustained or contracted while insured under this Part are payable from the Social Insurance Fund to the extent not met under the Health Acts 1947 to 2005, the Mental Health Acts 1945 to 2001, or regulations under section 138. Where an insured person is eligible for services under those Acts or section 138 but does not avail of them, payment is limited to the amount that would have been payable had they availed themselves. In-patient care payments are capped at the maximum charges under section 53 of the Health Act 1970 or section 231A of the Mental Treatment Act 1945 as appropriate; non-in-patient payments are the sum the Minister considers reasonably appropriate, having regard to necessity and customary charge. Subsection (5) is deleted. An insured person may be required to submit to medical examination and failure to comply prevents payment. Payments may be made to persons the Minister thinks fit, including the Executive, and regulations may apply Part provisions to these payments.
For the purposes of the section, "medical care" comprises general practitioner and specialist care including domiciliary visiting; nursing care at home except where cost is met by an increase under section 78 for constant attendance, and nursing care and maintenance in hospitals, convalescent homes, sanatoria or other medical institutions; pharmaceutical and other medical or surgical supplies, including prosthetic and aural appliances, prescribed by a registered medical practitioner, kept in repair and replaced where necessary; dental and optical treatment and appliances; care given on prescription by members of professions allied to the medical profession, including physiotherapists and chiropodists; and conveyance to and from the place where such medical care is provided.
86. Cost of medical care.
(1) Subject to this section, the cost of medical care which, in the opinion of the Minister, is reasonably and necessarily incurred by an insured person as a result of an injury or disease against which, when it was sustained or contracted, he or she was insured under this Part, shall be payable out of the Social Insurance Fund to the extent that the cost is not met under -
(a) the Health Acts 1947 to 2005, or
(b) the Mental Health Acts 1945 to 2001, or
(c) regulations made under section 138.
(2) Where an insured person is eligible to avail himself or herself of services provided under the Health Acts 1947 to 2005 or the Mental Health Acts 1945 to 2001 or treatment benefit under regulations made under section 138 but does not do so, the amount payable under this section shall not exceed that which would have been payable had he or she availed himself or herself of those services or that benefit.
(3) Where an insured person receives medical care during any period in which he or she is an in-patient in a hospital or similar institution, the amount payable under this section in respect of that care shall not exceed -