Patients who cannot receive medical treatment "without undue delay" within their country of residence, are entitled to the treatment in another EU country, the European Court of Justice ruled today.
In making a ruling on a case brought by two Dutch nationals, the Court indicated that if prior agreement had been secured from the health board or insurer, payment for treatment in another EU member-state should be met.
The Court ruled the insurer or health board could not refuse to pay for the treatment provided it was professionally accepted and necessary.
The Department of Health have not yet commented and have referred the ruling to the Attorney General but it could prove good news for over 26,000 people on hospital waiting lists in the State.
Significantly, the court indicated that if the treatment is both acceptable and necessary, that "..authorisation can be refused only if the patient can receive the same or equally effective treatment without undue delay..".
And in a separate ruling, the court granted the costs of treatment in a case where a Belgian woman had sought payment for an operation she obtained in France in 1990, despite approval being denied by the insurer. She brought the case to local court in Belgium which ruled she had been incorrectly refused and that she should be reimbursed.
The Labour Party welcomed today's ruling saying the implications for the Irish healthcare system could be very wide ranging.
"Thisisaverysignificant judgement.It confers on EU citizens, including Irishcitizens,therighttoseek treatment in another State if they cannot accessthenecessarycareintheirowncountrywithout undue delay," Ms Liz McManus the party's spokeswoman on health said.
"Intheshort-term this judgement may pave the way for a reduction in waiting lists, however, itmustbe stressed that this is no long term solution," she added.
Officials at VHI are also looking at the ruling but a spokeswoman confirmed to ireland.comtoday that they currently pay for patients' treatment abroad, provided approval had been granted.
"A case must be made to the medical advice group by a consultant showing it is medically necessary," the spokeswoman said.
She also said that VHI constantly monitor their customers in relation to waiting times and that they had a 92 per cent satisfaction rate.