Dentists challenge the HSE in Ireland
by Guy Hiscott
Dentists Martin Reid and James Turner have commenced High Court proceedings against the HSE, to fight the recent changes to the medical card scheme.
The two plaintiffs state that the cuts outlined in a circular issued by the HSE in April will have ‘a dramatic effect on public health’ and that the HSE has breached an agreement with dentists to provide dental services for medical card holders.
The HSE has denied these claims.
Drs Reid and Turner are seeking an injunction restraining the HSE from putting the changes contained in the circular of 26 April 2010 into action. This circular was issued by the Primary Care Reimbursement Service.
They are also seeking an injunction preventing the HSE from breaching the agreement between dentists and the HSE for the provision of dental services to medical card holders.
If granted, the injunctions are to remain in place pending the full hearing of the action.
The HSE has claimed that it has acted properly in implementing the changes to the DTSS.
Ms Justice Mary Laffoy, who heard the application, reserved her decision. The judge said she would give judgment on Wednesday of this week.
Opening the case, Bill Shipsey SC for the dentists said they had brought proceedings because they believe the decision unilaterally varies the terms of the DTSS, which amounts to a breach of contract by the HSE.
