Healthcare (International Arrangements) Bill (HC Bill 279)

A

BILL

TO

Make provision about paying and arranging for healthcare provided outside
the United Kingdom and giving effect to healthcare agreements; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Power to make healthcare payments

The Secretary of State may make payments, and arrange for payments to be made, in
respect of the cost of healthcare provided outside the United Kingdom.

2 Healthcare and healthcare agreements

(1) 5The Secretary of State may by regulations make provision—

(a) in relation to the exercise of the power conferred by section 1;

(b) for and in connection with the provision of healthcare outside the United
Kingdom;

(c) to give effect to a healthcare agreement.

(2) 10Regulations under subsection (1) may, for example—

(a) specify or describe levels of payments and how they are to be
calculated;

(b) specify or describe persons in respect of whom payments and provision
may be made;

(c) 15specify or describe the types of healthcare in respect of which payments
and provision may be made;

(d) make provision about set-off arrangements between countries or
territories;

(e) make provision about reimbursement levels (which may include caps);

(f) 20specify or describe evidential or administrative requirements or
processes;

(g) make provision about appeals;

Healthcare (International Arrangements) BillPage 2

(h) confer functions on the Secretary of State or on any other person
(including conferring a discretion);

(i) provide for the delegation of functions.

(3) The Secretary of State may give directions to a person about the exercise of any
5functions exercisable by the person by virtue of regulations under subsection
(1).

(4) The Secretary of State may vary or revoke directions given under subsection
(3).

3 Meaning of “healthcare” and “healthcare agreement”

10In this Act—

  • “healthcare” means all forms of healthcare provided for individuals,
    whether relating to mental or physical health, and includes related
    ancillary care;

  • “healthcare agreement” means an agreement made between the
    15government of the United Kingdom and either the government of a
    country or territory outside the United Kingdom or an international
    organisation, concerning either or both of the following—

    (a)

    healthcare provided outside the United Kingdom, payments in
    respect of which may be made by the government of the United
    20Kingdom;

    (b)

    healthcare provided in the United Kingdom, payments in
    respect of which may be made by a country or territory outside
    the United Kingdom;

  • “international organisation” means an organisation of which—

    (a)

    25two or more sovereign powers are members, or

    (b)

    the governments of two or more sovereign powers are
    members.

4 Data processing

(1) An authorised person may process personal data held by the person in
30connection with any of the person’s functions where that person considers it
necessary for the purposes of implementing, operating or facilitating the doing
of anything under or by virtue of this Act.

(2) The processing of personal data in accordance with subsection (1) does not
breach—

(a) 35any obligation of confidence owed by the person processing the
personal data, or

(b) any other restriction on the processing of personal data (however
imposed).

(3) But nothing in subsection (1) authorises the processing of personal data
40which—

(a) contravenes the data protection legislation, or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(4) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
45paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is

Healthcare (International Arrangements) BillPage 3

fully in force, subsection (3)(b) has effect as if it included a reference to that
Part.

(5) Subsection (1) does not limit the circumstances in which personal data may be
processed apart from this section.

(6) 5In this section—

  • “authorised person” means—

    (a)

    the Secretary of State, the Treasury, the Commissioners for Her
    Majesty’s Revenue and Customs, the Scottish Ministers, the
    Welsh Ministers and a Northern Ireland department;

    (b)

    10an NHS body (as defined in section 275 of the National Health
    Service Act 2006 or in section 206 of the National Health Service
    (Wales) Act 2006);

    (c)

    a health service body listed in section 17A(2)(a) to (e) of the
    National Health Service (Scotland) Act 1978 or in article 8(2)(a)
    15to (e) of the Health and Personal Social Services (Northern
    Ireland) Order 1991 (S.R. & O. (N.I.) 1991 No. 194(N.I.) 1991 No. 194);

    (d)

    a provider of healthcare (not falling within paragraph (b) or (c));

    (e)

    any other person authorised, or falling within a description of
    persons authorised, by regulations made by the Secretary of
    20State for the purposes of this section;

  • “the data protection legislation” has the same meaning as in the Data
    Protection Act 2018 (see section 3 of that Act);

  • “personal data” has the same meaning as in the Data Protection Act 2018
    (see section 3 of that Act).

5 25Regulations and directions

(1) A power to make regulations under this Act is exercisable by statutory
instrument.

(2) Regulations and directions under this Act may—

(a) make different provision for different purposes;

(b) 30be made for all cases to which the power in question applies, for those
cases subject to specified exceptions or for any specified cases or
descriptions of case;

(c) make any provision either unconditionally or subject to specified
conditions;

(d) 35provide for a person to exercise a discretion in dealing with any matter;

(e) include consequential, supplementary, incidental, transitional,
transitory or saving provision.

(3) Regulations under section 2 may amend, repeal or revoke primary
legislation—

(a) 40for the purpose of conferring functions on the Secretary of State or on
any other person (including conferring a discretion);

(b) to give effect to a healthcare agreement.

(4) Regulations under this Act may amend, repeal or revoke retained EU law.

(5) A statutory instrument which contains (whether alone or with other provision)
45regulations under this Act which amend, repeal or revoke primary legislation

Healthcare (International Arrangements) BillPage 4

may not be made unless a draft of the instrument has been laid before
Parliament and approved by a resolution of each House.

(6) A statutory instrument which contains regulations under this Act but does not
contain regulations which amend, repeal or revoke primary legislation is
5subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) In this section “primary legislation” means—

(a) an Act;

(b) an Act of the Scottish Parliament;

(c) 10a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

6 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on the day it is passed.

(3) 15This Act may be cited as the Healthcare (International Arrangements) Act 2018.