Dentists lose appeal over HSE funding

An appeal by dentists over changes to the HSE funding of dental treatment for medical card holders which essentially confined that funding to emergency treatments has been dismissed by the Supreme Court.

The five-judge court unaniomously ruled that a revised contract between the HSE and dentists gave the HSE “virtually untramelled choice” in withdrawing funding from particular forms of dental treatments.

Before the disputed changes were introduced via a circular issued by the HSE in April 2010, dentists were entitled to reimbursement for all routine treatments provided to medical card holders. Under the 2010 circular, only emergency treatments qualified.

The Irish Dental Association (IDA) claimed the changes would lead to the break-up of its service to medical card holders.

The five-judge Supreme Court yesterday unanimously upheld a High Court decision rejecting on all grounds the challenge by two dentists — Martin Reid, Moville, Co Donegal, and James Turner, Baltinglass, Co Wicklow — to the changes.

Giving the Supreme Court judgment upholding that decision, Mr Justice Peter Charleton rejected arguments by the dentists that nothing in the contracts between the HSE and dentists permitted such a “major unilateral change” as was introduced in 2010.