HSE to appeal decision to grant dentists injunctions

The HSE is to appeal a High Court decision to grant two dentists injunctions preventing the HSE from restricting the scheme for free dental treatment for medical card holders until the dentists' full court challenge to the changes is decided.

Earlier this week Ms Justice Mary Laffoy granted dentists Martin Reid and James Turner injunctions restraining the HSE, in their case, from giving effect to the circular of April 26 last, issued by the HSE's Primary Care Reimbursement Service, which resulted in changes to the Dental Treatment Service Scheme (DTSS).

The judge also granted an injunction preventing the HSE breaching the agreement between dentists and the HSE for the provision of dental services to medical card holders. The judge ruled that the dentists had made out a case for the granting of injunctions preventing the changes being implemented pending the outcome of the full court action.

However, today Mark Connaughton SC for the HSE informed the judge that his clients intend to appeal her decision to the Supreme Court.

Counsel said that the HSE had received a letter from the Irish Dental Association that many other dentists who provided treatment under the scheme intended to seek similar orders from the High Court restraining the HSE from giving effect to the changes in the DTSS.

The court also heard that while the parties had agreed a schedule for the exchange of pleadings the case would not be heard until after the new legal terms commence in early October. Following an application by Mr Connaughton the judge put a stay on her order pending the filing of a notice of appeal with the Supreme Court.

Later today the HSE had the stay extended for two weeks by the Supreme Court of Mr Justice Adrian Haridman, Ms Justice Fidelma Macken and Mr Justice Joseph Finnegan.

In their action the dentists claim the proposed changes to the Dental Treatment Service Scheme outlined in a circular issued last April will radically confine the services they can offer to medical card holders to emergency services and one oral examination in a 12-month period.

They claim the changes to the DTSS unilaterally vary the terms of an agreement between dentists and the HSE and amounts to a breach of contract by the HSE. The HSE denied the claims and says the changes to the DTSS were introduced due to cutbacks caused by the current economic climate.

The DTSS was established in 1994 between dentists and the then health boards in order to provide dental care for those on the medical card scheme. The agreement was revised in 1999.

Mr Reid, with a practise at Moville, Co Donegal, and Mr Turner, a director of the Irish Dental Association, with a practise in Baltinglass, Co Wicklow, expressed concern for the future of their respective practices if the changes to the DTSS are implemented.

They claimed the changes would have "disastrous consequences" for them as dentists providing services under the scheme and would also have "a dramatic effect on public health".