Saturday 24 September 2016

Doctor launches legal action over HSE decision that he does not qualify for payments under Rural Practice Allowance scheme

Published 16/04/2015 | 17:59

The doctor seeks orders compelling the HSE to recommence the payment of the Rural Practice Allowance to him.
The doctor seeks orders compelling the HSE to recommence the payment of the Rural Practice Allowance to him.

A DOCTOR has launched a legal action over a HSE decision that he does not qualify for payments under a scheme designed to ensure services are provided to medical card holders in rural areas.

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The High Court action has been brought by Dr Liam Glynn, a GP working out of Ballyvaughan and Fanore in Co Clare arising out of a decision by the HSE earlier this year he no longer qualified for payments under a scheme known as the Rural Practice Allowance.

The scheme applies where a doctor lives and practises in a centre with a population of less than 500 people and where there is not a town with a population of 1500 or more within a three mile radius of that.

The HSE, in correspondence with Dr Glynn, said its decision was based on the fact Dr Glynn has a panel size of 766 patients between Ballyvaughan and Fanore.

Dr Glynn said he shocked by the decision, and claims that he should be included in the scheme as Ballyvaughan has,  according to the 2011 census, 258 people and the nearest town with a population of 1500 is ten miles away.

He claims the wrong criteria have been used by the HSE to assess his eligibility for the scheme.

He is seeking a number of injunctions including one preventing the HSE from terminating or altering the terms and conditions of the contract of services he entered into in 2005.

He also seeks orders compelling the HSE to recommence the payment of the Rural Practice Allowance to him.

He further wants an injunction preventing the HSE from refusing to pay all fees and allowances due under the terms of his contract.

The matter came before Ms Justice Isobel Kennedy who granted Dr Glynn's lawyers permission to serve proceedings at short notice against the HSE.

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