The Government is examining new laws to directly penalise hospitals, medics, and managers for breaking strict waiting list times amid revelations that 1m people are now unable to access vital care.
The move will “guarantee” patients are seen within short periods of time and could be in place by next year. It is among a suite of changes being considered as part of the Sláintecare 10-year health service reform.
As part of the multibillion-euro Sláintecare implementation strategy published yesterday, the Government has outlined a series of changes it wants to introduce to the health service by 2028.
The plans seeks to put waiting list targets on a statutory legal footing, meaning there will be direct consequences for hospitals, medics, and managers deemed responsible for limits being breached.
Asked to clarify a recommendation in the report for officials to “develop a policy framework for an evidence-based waiting list guarantee, incorporating consideration of legislation to support the guarantee” by 2019, a spokesperson for Health Minister Simon Harris confirmed: “This will include consideration of legislation and associated consequences.”
While the spokesperson stressed the legal change is still being examined, Department of Health sources said fines and other penalties for hospitals, medics, and managers who breach the waiting list limits could be introduced.
The move was first suggested by the Oireachtas committee on the future of healthcare 15 months ago.
It would be partially based on similar statutory rules introduced in Scotland under the 2011 Patient Rights Act. The Scottish law guarantees no patient will wait longer than 12 weeks for hospital care, and to be given the next appointment available in any nearby hospital if this is breached.
The law allows the NHS to take action against individual hospitals or health workers, and for patients to make immediate complaints about delays to their care.
While it has been welcomed in Scotland, it has also been criticised as a de facto “charter for lawyers”, while the rule has had a limited impact on waiting lists.
The potential new waiting lists law is one of 106 individual reform plans outlined in the Sláintecare implementation strategy, which also calls for:
Medical groups criticised a lack of clear details in the plan, with the Irish Medical Organisation saying it will mean nothing for people needing help now. The Irish Hospital Consultants Association claiming the targets have no costings and are “inherently flawed”.