Replacement for cross-border healthcare scheme scuppered by Brexit will take ‘time to negotiate’, say Stormont health department

That is despite a similar scheme allowing patients from the south to access private healthcare here having already been set up by authorities in the Republic of Ireland.

The EU’s Cross-Border Directive (CBD) scheme on healthcare has in the past been used by thousands of people to get treatment over the border amid long waiting lists here, with Northern Ireland residents receiving £14.1m worth of healthcare over the last five years.

But the EU directive 2011/24, which allowed patients from Northern Ireland to pay up front for treatment elsewhere and then claim reimbursement, came to an end at the turn of the new year following the UK’s departure from the EU.

Belfast-based healthcare lawyer Kevin Hegarty, from O’Reilly Stewart Solicitors, said more needs to be done on this side of the border to replicate a replacement scheme set up in the Republic of Ireland.

“Our waiting list figures are already much worse than in other parts of the UK and the situation has only been impacted further due to the pandemic,” he said.

“The issue is that, given that patients no longer have the option of going to another EU state for treatment and recouping the costs from the NHS, then the already long waiting lists are likely to get worse in time, and patients who cannot afford the private care will simply have no option but to wait and wait.

“In that sense, Brexit has adversely impacted an already challenging situation for many patients in Northern Ireland.

“As well as additional funding we need more strategic cross-border co-operation between the two governments, the HSE and Department of Health to get a new healthcare agreement in place. What has been put in place by the Irish government has not been replicated by the NI Executive.

“The longer this is left without a new scheme being introduced the more detrimental the impact will be on the health and lives of patients across Northern Ireland.”

A spokesperson for the Stormont health department said officials are “considering the policy options” but stressed that setting up a replacement could take time and would incur costs.

“Transitional arrangements are in place to protect patients in prescribed circumstances allowing them to complete their treatment and seek reimbursement,” the spokesperson added.

“Historically there has been significantly more use of the Cross-Border Healthcare Scheme in Northern Ireland than any other part of the UK and there is interest in the continuance of a similar scheme. Setting up a replacement for the scheme with some or all of the EU member states, EFTA countries and Switzerland would take time to negotiate and operationalise and would bring additional costs.”