Health and Childcare Support (Miscellaneous Provisions) Act 2019
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Reimbursement of medical expenses incurred by eligible persons in respect of necessary medical treatment | ||
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4. (1) Where an eligible person incurs medical expenses in a Member State, in respect of necessary medical treatment, he or she or a person acting on his or her behalf may apply to the Executive for reimbursement of those expenses. | ||
(2) An application under subsection (1) shall be made in the prescribed form and manner. | ||
(3) On receipt of an application under subsection (1), the Executive shall reimburse the eligible person, or the person acting on his or her behalf, in the prescribed form and manner, where it is satisfied that— | ||
(a) the person in respect of whom the application is made is an eligible person, | ||
(b) the treatment in respect of which reimbursement is sought is necessary medical treatment, and | ||
(c) he or she, or a person acting on his or her behalf, has complied with this section and any regulations made under section 5 . | ||
(4) When calculating the medical expenses to be reimbursed in accordance with this section, the Executive shall endeavour to ensure that, as far as practicable, it does not assess an application in respect of an eligible person less favourably or more favourably than it would assess an application of a person who is entitled to and holds a European Health Insurance Card. | ||
(5) Where the Executive makes a reimbursement to a person in accordance with this section and it subsequently ascertains that the person was not entitled to that reimbursement, or part of that reimbursement, because— | ||
(a) the person was not an eligible person, | ||
(b) the treatment in respect of which reimbursement was sought was not necessary medical treatment, or | ||
(c) the person did not comply with this section and any regulations made under section 5 , | ||
the reimbursement, or that part of the reimbursement that the person was not entitled to, shall be recoverable by the Executive in any court of competent jurisdiction as a simple contract debt. |